
aass_Ov5jli7 



w 



A COMPILATION 



LAWS OF THE STATE OF ILLINOIS, 

I EELATING TO 

TOWNSHIP ORGANIZATION 



TO WHICH AEE ADDED 



l^UMEEOUS PEAOTIOAL FOEMS, 



COPIOUS NOTES, BY WAY OF INSTRUCTION, SUPPORTED BY 
REFERENCES TO ADJUDICATED CASES. 



EIGHTH EDITION, ENLARGED AND IMPROVED, CONTAINING ALL THE LAWS ON 

THE SUBJECT, DOWN TO, AND INCLUDING THE ACTS OP 1865, 

WITH AN APPENDIX. 




Y ELIJAH M. HATOES, 



COinS'SEIiOR AT LAW, 

Compiler of the "Ifown Laws of Wisconsin," and " Township Laws of Michigan," and 

Author oi "The Probate Manual," and " A Treatise for Justices of the 

Peace and Constables." 



CHICAGO: 

LAW BOOKSELLERS AND PUBLISHERS. 
1865. 



I 



p\^. 



'\ 






Entered according to the Act of Congress, in the year 1865, 

By ELIJAH M. HAINES, 

In the Clerk's Office of the District Court of the United States, for the 

Northern District of lUinoia 



LL 
57305(3 



HOKTON & LEONABD, CHICAGO TTPB F0U2a)ET ; 

PRINTERS, J. CONAHAN, 

CHICAGO. BTEEEOTTPKB. 



PREFACE. 



The Act to provide for township organization having been thoroughly 
revised at the late session of the Legislature, and several other acts relating to 
the subject, likewise having passed, a new edition of a compilation of township 
organization laws is called for ; indeed, the changes in the law are such as to 
entirely supersede the act of 1851 and acts amendatory thereof. 

The township organization law of this State, as originally enacted, was bor- 
rowed from the law of the State of New York, but in adapting it to our general 
statutes, many omissions, errors and imperfections occurred, which have long 
demanded correction. This work was undertaken at the late session of the 
General Assembly, the object of the Legislature being to preserve as much of 
the act of 1851 and amendatory acts as could consistently be retained, making 
necessary corrections, and to add such new provisions as experience under the 
system seemed to demand, and withal to make no further changes in the law 
than were actually necessary to perfect the system, and adapt it to our general 
statutes. The subject originated in the House of Representatives, and was 
referred to the Committee on Township Organization, with instructions to 
inquire into the expediency of reducing the act to provide for township organi- 
zation and the several amendatory acts into one act, and to amend the same, 
and report thereon. This committee consisted of Messrs. Wilmarth, Haines, 
Terry, Cummings, Broadwell, Harris of Bureau, Harris of Shelby, Allen, Har- 
rington and Stoddard, being selected with reference to their familiarity with the 
subject ; and the compiler, as one of their number, would testify to the great 
zeal and efficiency with which Messrs. Wilmarth, Cummings, Harris of Bureau, 
and indeed all his fellow committee-men, prosecuted the work assigned them. 
The aim of the committee was to reform, as far as possible, the errors and con- 
fusion existing in the old law, and to arrange the different subjects comprised, 
under distinct heads, in methodical order, rendering the act more perfect in 
itself, and a reference to any portion of it more easy and convenient. The time 
allowed the committee during a session of six weeks, in the midst of other 
pressing, and not less important legislative duties, was necessarily short, com- 
pared with the labor and care which this important subject demanded ; if, there- 
fore, some errors have chanced to occur or to escape their attention, it would 
not be surprising. 

The bill as reported by the committee, passed both Houses with great una- 
nimity, and is now before the people as the law ; and it is the earnest hope of 
those who were engaged in the subject, that it may meet the approval of the 
people. The committee of the Senate to whom the subject was then referred, 
of which Hon. Washington Bushnell of La Salle was chairman, gave the matter 



IV PREFACE. 



deliberate consideration, and to no one is more praise due, than to Mr. Bush- 
nell for the unceasing labor he bestowed, and the interest he manifested in the 
subject. 

It has been the object of the compiler to furnish in the present compilation, 
not only the to^vnship organization act, but also all the statute law in force which 
is applicable in counties adopting township organization, as far as it relates to 
or has connection with that system and the powers and duties of officers under 
it. The notes and forms are added as usual, at the foot of the page, and car- 
ried along in connection with the subject of the text, presenting the whole on 
the same page, and rendering the book of more value for convenience of refer- 
ence. A large number of new forms has been added, and the notes and instruc- 
tions have been greatly improved and enlarged by citing additional authorities, 
with the late decisions of the Supreme Court of our own State. The contents 
of the sections are indicated by side notes, as being more convenient and satis- 
factory than the insertion of heads over each section, according to the plan of 
former editions. These side notes the compiler has prepared himself, and ren- 
dered them much more full than they appear in the laws published by authority 
of the State. 

The plan and entire arrangement of this compilation, the compiler claims to 
be original with himself, and has secured the copy-right under the laws of the 
United States. The plan of preparing and publishing laws of this nature, in 
the style of this compilation, has attracted the attention of other States, where the 
like system of self-government exists ; and the compiler has, by State authority, 
furnished like compilations of laws for the States of Wisconsin and Michigan, 
showing the estimation in which his works are held in neighboring States. 
Trusting in a continued liberal patronage at home, the renewed efforts of the 
compiler to be useful are submitted to the consideration of a generous public. 

ELIJAH M. HAINES. 

Waukegan, III., April 25, 1861. 



PLAN OF THIS COSIPILATION AND EXPLANATIONS. 

For information as to the matter contained in this compilation, reference will be had to the 
Table of Contents following. 

The various subjects embraced, have been classed under separate heads, entitled Divisions, 
each DmsiON comprising as far as practicable a distinct subject. 

, The main features of the new township act, comprised in DmsiON I., remain as enacted by the 
General Assembly in 1851 ; the subsequent changes are noted in the margin at the side of the 
section, by figures indicating the year of the session at which the changes or amendments were 
made. Wherever those indications occur, it denotes that the section against which they occur are 
wholly new provisions, or have been to some extent amended ; those sections against which such 
indications do not occur, remain as enacted in 1851. 

An AppENDts; is added embracing the acts affecting township organization, passed at the 
special session of April, 1861, embracing also other important laws of a general nature, renderii^ 
the compilation more complete. 

A list of the organized townships in the State to April, 1861, is likewise added. 



TABLE OF CONTENTS. 



DIVISION I. 



GENERAL PROVISIONS CONCERNING TOWNSHIP ORGANIZATION COM^ 
PRISING TOWNSHIP ACT OF 1861. 



ARTICLE I. 



PAGE. 
13-16 



Proceedings to adopt township organization, 

ARTICLE XL 
Op the powers and rights of towns as bodies corporate, 16-17 

ARTICLE IIL 

Op the alteration of boundaries and division of towns, and 

effect thereof on their corporate property, 17-21 

ARTICLE IV. 

Of TOWN MEETINGS AND THE POWERS OF ELECTORS, 21-28 

ARTICLE V. 

Op THE METHOD OF CONDUCTING TOWN MEETINGS, 28-35 

ARTICLE VL 

Op QUALIFICATION AND TENURE OF OFFICE, 35-40 

ARTICLE VIL 

Vacancies in town offices, and the manner op filling them, 40-41 

ARTICLE Vm. 
Op supervisor and his duties, 42-44 

ARTICLE LX. 
Op town clerk and his duties, 44-45 

ARTICLE X. 
Op the board op auditors of town accounts, 45-47 

ARTICLE XL 
Of the compensation of town officers, 47-48 

ARTICLE XIL 
Of legal proceedings in favor of and against towns, 48-50 

ARTICLE XIIL 

Of the powers and rights of counties as bodies corporate, 50-51 

ARTICLE XIV. 
Op the board op supervisors, 51-55 



^ TABLE OF CONTENTS. 

ARTICLE XV. 

Of the county tkeasurer, 55-58 

ARLICLE XVI. 

Miscellaneous provisions concerning the assessment op property 

AND the collection OF TAXES, 68-63 

ARTICLE XVIL 
Of roads, highways and bridges, 63-110 



DIVISION II. 

ELECTIONS, 111-130 



DIVISION III. 

INCLOSUEES AND FENCES, 131-141 



DIVISION IV. 

PAUPEES, 142-148 



DIVISION V. 

EE VENUE. 

Assessment and collection, 149-183 

Collection, 183-207 

Miscellaneous, 207-210 



DIVISION VI. 

MISCELLANEOUS PEOVISIONS. 

Bridges, 211 

Census, 211-212 

Counties and county commissioners' courts, 212-221 

County courts, 221 

County treasurer and county funds, 222-226 

Dogs, 227 

EsTRAYS, 227-228 

Highways, 228-229 

Law of the road, 229-231 



DIVISION vn. 

LOCAL AND SPECIAL PEOVISIONS, 232-241 

APPENDIX, 243-27 1 



mTRODUOTION. 



The system of township government or organization, as at present 
existing in the northern and eastern states, originated in New England, 
and is an evidence of the confidence which the early patriots of those 
colonies entertained in the ability of the people to govern and legislate 
for themselves. 

Township organization is of modern date, and no scheme having 
much similarity to it can be found in ancient history. The municipal 
divisions of Athens and the other ancient repubhcs were rather into 
castes or social ranks, than territorial; although the "demes" of 
ancient Athens, the Roman and Grecian colonies, and at a later day 
the free cities of mediaeval Europe, possessed more or lessL^of the 
privileges of a municipal corporation, such as choice of voters, elec- 
tion of officers, possession of a seal, management of funds, and the 
like. These cases, however, are exceptions ; isolated instances of the 
universal instinct for self-government which is born with all men, but 
repressed under non-elective and irresponsible governments. 

King Alfred, about A. D. 871, in order to prevent the rapines and 
disorders which prevailed in the realm, instituted a territorial division, 
however, which probably contains the first germ of our American idea 
of a township. This was, a division of the kingdom into "tithings," 
an Anglo-Saxon term equivalent to "tenthings," or groups of ten. 
Each tithing was the area inhabited by ten contiguous families, who 
were "frankpledges," i. e. free pledges or sureties, to the king for 
each other's good behavior, and were bound to have any offender 
within their district forthcoming. One of the principal mhabitants 
of the tithing was annually appointed to preside over it, entitled 
tithingman or headborough, being supposed the most discreet man 
within it.^ As ten families constituted a tithing, so ten tithings 

(1) lBl.Com.,lU. 



VIU INTRODUCTION. 



formed a hundred, governed by a high constable or bailiff; and an 
indefinite number of hundreds composed a shire.^ 

Tithings, towns or vills, were in law of the same signification. 
The word town or vill has, it seems, by the alteration of times and 
languages, now become in England a generical term, comprehending 
under it the several species of cities, boroughs and common towns. 
A city, says Blackstone, is a town incorporated, which is or hath been 
the see of a bishop. A borough is understood to be a town, either 
corporate or not, that sendeth burgesses to parliament. 

Other towns there are, says the commentator, which are neither 
cities nor boroughs ; some of which have the privilege of markets, 
and others not ; but both are equally towns in law. In several of 
these towns there are small appendages belonging, called hamlets. 
These little collections of houses are sometimes under the same ad- 
ministration as the town itself, sometimes governed by separate offi- 
cers, in which last case they are to some purposes in law looked upon 
as distinct townships. 

The inhabitants of these tithings, towns or vills in England, pos- 
sessed but few powers or privileges ; on the contrary, their officers 
were all appointed from without, and they had no voice in their local 
concerns. 

We now come to consider the first rise of the town organization in 
America. This appears, so far as the records show, to have been 
substantially a result of the experience of practical inconveniences, 
which the Puritans took such means to remedy as w^ere suggested to 
them by their home recollections, but with whatever modificatiorjs 
their remarkably direct and practical common sense suggested. 

The New England colonies were at first governed by a "general 
court," or legislature, composed of a governor and a small council, 
which court consisted of the most influential inhabitants, and possessed 
and exercised both legislative and judicial powers, which w^ere lim- 
ited only by the wisdom of the holders. They made laws, ordered 
their execution by officers, tried and decided civil and criminal 
causes, enacted all manner of municipal regulations, and in fact did 
all the public business of the colony. 

The first legal enactment to establish towns, that of the General 

(1) Shire is a Saxon -word Eignifying a division; but a county, Comitatus, is plainly derived 
from comes, the Count of the Franks, that is, the earl or alderman (as the Saxons called him) of 
the shire, to whom the government of it was intrusted. This he usually exercised by his deputy, 
still called in Latin vice comes, and in English the Sheriff, Shrieve or Shire-reeve, signifying the 
officer of the shire upon whom, by process of time, the civil administration of it now totally 
devolved.— 1 £1. Com., 117 



INTRODUCTION. IX 



Court of Massachusetts, of March, 1635, so far as it indicates any 
motive, implies convenience only as the reason of the law. It pro- 
vides that whereas "particular towns have many things which concern 
only themselves, and the ordering of their own affairs, and disposing 
of business in their own town," therefore "the freemen of every 
town, or the major part of them, shall only have power to dispose of 
their own lands and woods, with all the appurtenances of said towns, 
to grant lots, and make such orders as may concern the well ordering 
of their own towns, not repugnant to the laws and orders established 
by the General Court." They might also impose fines of not more 
than twenty shillings, and "choose their own particular officers, as 
constables, surveyors for the highways, and the like."^ Evidently, 
this enactment relieved the General Court of a mass of municipal 
details, without any danger to the powers of that body in controlling 
general measures or public policy. Probably also a demand from 
the freemen of the towns was felt, for the control of their own home 
concerns. 

Similar provisions for the incorporation of towns were made in the 
first constitution of Connecticut, adopted in 1639; and the plan of 
township organization, as experience proved its remarkable economy, 
efficacy and adaptation to the requirements of a free and intelligent 
people, became universal throughout New England, and went west- 
ward with the emigrants from New England, into New York, Ohio, 
and otlier Western States, including the northern parts of lUinois. 

But a different policy determined the character of the municipal 
institutions of the southern part of our state. This was the "county 
system." This plan originated with Virginia, whose early settlers 
soon became large landed proprietors, aristocratic in feeling, living 
apart in almost baronial magnificence on their own estates, and owning 
the laboring part of the population. Thus the materials for a town 
were not at hand, the voters being thinly distributed over a great 
area. The county organization, where a few influential men man- 
aged the whole business of the community, retaining their places 
almost at their pleasure, scarcely responsible at all except in name, 
and permitted to conduct the county concerns as their own ideas or 
wishes might direct, was moreover consonant with their recollections 
or traditions of the judicial and social dignities of the landed aristoc- 
racy of England, in descent from whom the Virginia gentlemen felt 
so much pride. Li 1634, eight counties were organized in Virginia; 

(1) Palfrey, History of New England, vol. 1, p. 434. 



INTRODUCTION. 



and the system, extending throughout the state, has spread into all 
the southern states, and some of the northern states, unless we ex- 
cept the nearly similar division into " districts " in South Carolina, 
and that into "parishes," retained by Louisiana from the French 
laws. 

Illinois, which with a vast additional territory, became a county of 
Virginia on its conquest by Gen. George Rogers Clark, retained the 
county organization, which was formally extended over the state by the 
constitution of 1818, and continued in exclusive use until the consti- 
tution of 1848. Under this system, as in other states adopting it, 
most local business was transacted by three commissioners in each 
county, who constituted a county court, with quarterly sessions. Dur- 
ing the period ending with the constitutional convention of 1847, a 
large portion of the state had become filled up with a population of 
New England birth or character, daily growing more and more com- 
pact and dissatisfied with the comparatively arbitrary and inefficient 
county system. Under the influence of this feeling the constitutional 
provision of 1848, and subsequent law of 1849 were enacted, per- 
mitting counties to adopt a toAvnship organization ; according to which 
all the counties north of the IlHnois river, and a large number south 
of it, have so organized. 

The main argument for township organization is, perhaps, its ex- 
treme value as a school of political action. The clearest and best 
TVTiter on American institutions, Alexis de Tocqueville, in his cele- 
brated work, " Democracy in America," says : " Local assemblies of 
citizens constitute the strength of free nations. Municipal institu- 
tions are to liberty wliat primary schools are to science ; they bring 
it within the people's reach, they teach men how to use and how to 
enjoy it."' Did space permit, an astonishing mass of unanimous 
testimony to the same point could be cited from practical statesmen, 
old and new, foreign and native; from Lieber, Malesherbes and 
Guizot, Webster and Choate, Adams and Jefferson, Sumner, Parker, 
and many more. These small independent repubhcs, with their 
unhmited sovereignty in matters of local concern, are the cradles and 
nurseries of that habit of political debating and acting, which is the 
indispensable training of an intelligent and useful citizen. 

It is not claimed, of course, that each township should exercise S6 
unbounded an authority as belonged to the ancient republics ; but 
only that they should use it in reference to local matters, which in- 



(1) Democracy in America, chap. 5, part 1. 



INTRODUCTION. Xl 



terest them only, and which no others can understand or direct so 
well. In the immense territories which form the states of the Union, 
or in the Union itself for federal concerns, it is impossible for all the 
voters to meet and transact the business of government. Hence that 
modification of a " pure democracy," which has given us our repre- 
sentative system of government. If such a universal meeting were 
conveniently practicable, it would be practiced ; in that case, no voter 
would delegate by authority ; but it is not. In town business, how- 
ever, it is practicable. The people of a township can readily meet 
for conference, and discuss and decide all the multitude of local 
interests which concern their township, with a far better understand- 
ing of them than any agent or representative could exercise. 

The great extent of the territory of the state of New York, from 
which the township system as adopted in this state is chiefly derived, 
rendered it impossible or at least impracticable to send a representa- 
tive from each town to the popular branch of the state legislature, as 
was done in the New England states. Under these circumstances, 
an intermediate board was created in each county, called a board of 
supervisors, and composed of one delegate from each town. This 
board formed a deliberative, or kind of legislative body, taking a large 
portion of the powers delegated in the New England States to the 
state legislatures. It has been made an objection to this plan of 
organization, that it increases the expense of transacting the business 
of the county. But the answer is believed conclusive ; that the only 
additional expense, if any, arises from the excess of compensation 
paid to the additional members of the county board ; while the fact 
is that the business of the county is much reduced under the to^vii 
organization, and not one-fourth of the time is required to transact 
the business. Besides, a cheap government is not necessarily the 
best. 'Cheapness is not the primary object in choosing a government, 
but excellence. If cheap governments were the only thing required, 
we should abolish the legislative branch of our state government, and 
leave our laws to be made by the executive or the supreme court. 
Or, which would be still cheaper, perhaps, we could let out the making 
of our laws by contract and competition to the lowest bidder, or to 
whomsoever would pay the state most for the privilege. There would 
be no want of proposals. 

It has just been observed that the townsliip system as adopted in 
this state is the same as that of the state of New York, which differs 
in some respects from that of New England, and may, perhaps, be 
f '♦nsidered to some extent an improvement upon the system in those 



Xll INTRODUCTION, 



States. But in all these states, various questions have from time to 
time arisen under the peculiarity of the law, for the determination of 
the courts ; the adjudications of which may be gathered from the 
reports of cases determined, and serve as a precedent or guide for 
such other states as may adopt a like system. In the state of New 
York, in particular, from which the township law of this state has 
been in most respects literally copied, the courts, it would seem, have 
determined nearly every question of importance which can possibly 
arise under the system ; ^ hence it has been the aim in this work to 
add full notes with references to those cases, together with those of 
our own and other states, which will serve not only to guide the inex- 
perienced, but may be found of much service to the profession by 
furnishing a ready reference to adjudicated cases. The forms wliich 
have been adopted as far as could be found applicable, arib taken from 
those most approved in the state of New York. It is therefore con- 
fidently believed that this portion of the work will likewise meet with 
general favor. No pains or labor has been spared to make a concise 
and perfect legal guide for town officers, and others who mav be called 
upon to render service under the law. 

(1) Where a statute is copied from one in another state, which has there receiTed a construe 
tion -which is consistent with the spirit and policy of our laws, such constructiou may with pio* 
priety be adopted by our courts.— i?i'g-g- v. Wilton, 13 Ills., 15. 



LAWS OF ILLINOIS, 



RELATIVE TO 



TOWNSHIP ORGANIZATION. 



DIVISION L 

GENERAL PROVISIONS CONCERNING TOWNSHIP ORGANIZ4T50K, 

AN ACT to reduce the act to provide for Township Organization, and the j^ foree April 1, 
several acts amendatory thereof, into one act, and to amend the same. 1861. 

ARTICLE FIRST. 

PROCEEDINGS TO ADOPT TOWNSHIP ORGANIZATION. 

Section 1. ^e it enacted h^ the People of the State of Illinois, coxmUes m&j 
represented in the General Assembly, That at any general election ^^jJt^ ^option, 
that may be holden in the several counties in this State, the quali- 
fied voters in any county may vote for or against township organi- 
zation in any county in this State. 

§ 2. The county court, on petition of fifty legal voters of said Question of adop- 
county, shall cause to be submitted to the voters of the county the Sed on ^ti-^ 
question of township organization, under this act, by ballot, to be t^^n. 
written or printed, or partly written or partly printed, " For Town- 
ship Organization," or "Against Township Organization,"— -to be 
canvassed and returned in like manner as votes for State and 
county officers.* 

§ 3. The clerk of the county court shall enter an abstract of Eiectioii vetaxoB. 

1 Form of Fetition to County Court for submission of question of Township 
Orga7iization. 
To the Honorable the county court of the county of Sangamon : 

The undersigned, legal voters of said county of Sangamony would re- 
spectfully represent, that in their opinion the people of said county desire to 
adopt township organization : they do therefore petition your honorable 
body, to cause to be submitted to the voters of said county, at the next gen- 
eral election, to be held on the first Tuesday after the first Monday in Novem- 
ber next, the question of township organization, that they may vote upon 
the adoption thereof. 

And your petitioners will ever pray. 

Dated this day of , A.' D. 18—. 



14 GENERAL PROVISIONS. [dIY. 1. 

Clerk to certify the retums of Said election, to be made out and certified as in elec- 
returns to au- ^^^^^ ^^^^ State and county officers, record the same at length upon 
the record of the county court of the county, and shall certify the 
same to the Auditor of Public Accounts. 
Majorityvote § 4. If it shall appear, by the returns of said election, that a 

reqmr . majority of the legal voters of said county are for township organ- 

ization, then the county so voting in favor of its adoption shall be 
governed by and subject to the provisions of this act, on and after 
the first Tuesday of April next succeeding: Provided, that a 
majority of the voters voting at such election shall be taken and 
deemed a majority of the voters of said county.^ 
Coimty court to § 5. The county court shall, at its next session, appoint three 
rioaere\rSe" Commissioners, residents of the county, to divide the county into 
eounty. towns or townships ; and the said commissioners' service's shall be 

audited by the first board of supervisors, and paid by the county. 
Jianner of di-pid- § 6. The commissioners shall proceed to divide such county 
ing into towns, jjj^^ towns, by making as many towns as there are townships, ac- 
cording to government surveys. Where fractions of townships are 
Fractional town-caused by the county lines not being in accordance Avith the sur- 
''^^^^' veyed townships, then the commissioners may attach such fractions 

to adjoining towns, where the number of inhabitants or the amount 
of territory shall not be sufficient for a separate town. Where a 
Fractions may be surveyed townsliip shall have too few inhabitants for a separate 
^^^^^ ' organization, then such township may be added to some adjoining 

town, or such township may be divided between two or more towns, 
When creeks or for the time being. And when creeks or rivers may so divide such 
rivers divide. township as to be inconvenient for transacting town business, then 
such creek or river may be made the town boundary, and the town 
fractions so formed may be disposed of as fractions caused by 
county lines.^ 
Naming of towns. § 7. Towns shall be named in accordance with the express 
wish of the inhabitants of the town ; and if there shall not be a 
degree of unanimity as to the name, the commissioners may desig- 
nate the name. 
Report of com- § 8. The Commissioners so appointed shall make a written re- 



missioners. 



(1) The right of a county to adopt township organization under the provisions of our con- 
stitution, is expressly made to depend upon an affirmative vote of a majority of all the citizend 
within the county, entitled to vote on the question. 

The legislature does not posses.s the power to provide any other mode of township organizar 
tion than under and by virtue of the sixth section of the seventh article of the constitution. 

The power of the county court over a business of the county, continues until the township 
organization is adopted by an affirmative vote of a majority of all the legal voters of a county. 
—People V. Brown et al., XI Ills., 478. 

This decision was made under the township act of 1849, which was substantially the same 
as this act on the subject in question, except that by this act it is provided that a majority 
of the voters voting at such election shall be taken and deemed a majority of the voters of 
said county which is settling the question of evidence, by which to determine the majority 
of legal voters of the county at the time of taking the vote. 

(2) It is the intention of the law that the division of the county, into towns by the com- 
missioners, shall be made in accordance with the lines of the surveyed or government town- 
ships, so that each government township shall be set off and erected as an organized town 
under this act, and it is the duty of the commissioners to divide the county accordingly ; it 
would seem that they have not authority to divide it otherwise. The instances where 
they can depart from this rule are clearly expressed in the above section. The powers of the 
board of supervisors subsequently to create new towns and change town boundaries, are not 
thus restricted. See Sec. 1, Art. Third, post, p. 17. 



ART. 1.] PROCEEDINGS TO ADOPT. 15 

port of their proceerlings, giving the names and bounds of each 
town, and present such report to the clerk of the county court, on 
■)r before the first day of March next succeeding.' 

§ 9. The clerk of the county court shall thereupon make out First town meet- 
notices for each town, designating a suitable place for holding the ™°' 
first town meeting in such town, which shall be holden on the first 
Tuesday of April next thereafter, and shall dehver such notice to 
the sheriff of the county, who shall cause the same to be posted in sheriff post no- 
not less than three of the most public places of the township, and *'^^^' 
not less than fifteen days before the first Tuesday in April afore- 
said.^ 

*■ For in of Report of proceedings of commissioners appointed to divide county 

into Towns. 
To the Honorable the county court of the county of Sangamon : 

The undersigned, commissioners appointed by said court at the December , 
term thereof, A. D, 18 — , to divide said county of Sangamon into towns, 
agreeably to the statute to provide for township organization, respectfully 
report, that they have performed the duty assigned to them, and have divided 
said county into towns and given names thereto as follows, to wit : 

All that territory known and desci'ibed by government survey as township 
number — , of range number — , is erected into a town to be called the town 

of . 

All that territory known and described, &c., {continue by describing each 
town as aforesaid.) 
AU of which is respectfully submitted. 

A.B.,) 

C. D., >• Commissioners. 

E. R, ) 

"^Form of Notice by Clerk of the County Court for first Town 2Ieeting. 

TOWN MEETING NOTICE. 

The citizens of the town of Lyons, in the county of Cooh, and state of 
Illinois, are hereby notified to meet at {state the place of meeting,) in said 
town, on Tuesday, the — day of April, A. D. 18 — , being the first Tuesday 
in said month, at 9 o'clock in the forenoon, and hold their first town meeting, 
for the purpose of organizing said town, in conformity with the provisions of 
the statute ; said meeting, when then and there convened, 

1. To choose a moderator to preside at said meeting. 

2. To choose a clerk pro tem. to act at said meeting. 

3. To elect one supervisor, one town clerk, one assessor, one collector, one 
overseer of the poor, three commissioners of highways, two constables, two 
justices of the peace, so many overseers of highways as there may be road 
districts created, and so many pound masters as there may be pounds deter- 
mined upon and established in said town. 

4. To determine upon and appoint the place of holding the next annual 
town meeting. 

5. To {enumerate any further specific subjects that may be thought proper, 
wpon which the meeting may be called to act, and conclude^ by adding,) 

And to act upon any additional subjects which may, in pursuance of law, 
come before the meeting when convened. 

Given under my hand at Chicago, in said county of Cook, this — day of 
A. D. 18—. ^ ' ^ 

Chas. B. Farewell, 
Clerk of the County Court of Cook County. 

Note. It is probably unnecessary under the law, to enumerate the subjects upon which 
the meeting will be called upon to act, as given in the preceding form, yet it is quite proper to 



IG GENERAL PROVISIONS. [dIY. 1. 

Clerks to trans- § 10. Each clerk of the couiitj court sliall, witliin thirty days 



Hiit abstract of 
commissioners 



after receiving such report of the commissioners, transmit, by mail, 

report to auditor, to the auditor of pubHc accounts of this state, an abstract of such 

report, giving the bounds of each town and the name designated ; 

and said clerk shall record, in a book for the purpose, a description 

of each town as fully as the report of said commissioners. 

Similarity of § 11. If the auditor of public accounts, on comparing the ab- 

name in towns. g^j,^g^g q£ ^^q reports from the several counties, shall find that any 

two or more townships have names alike, he shall transmit to the 

clerk of the county court of the county or counties which have to 

alter the name or names of such town or towns ; and the board of 

supervisors of such county shall, at its next meeting thereafter, 

adopt for such town some name different from those heretofore 

Two towns not to named, so that no two towns organized under this act shall be 

, ' named alike ; and when such name shall be adopted, the clerk of 

the county court shall inform the auditor of public accounts, as 

before directed. 

Aucutor.to record § 12. The auditor of public accounts shall make a record of 

bouuOtui^. *^® names and boundaries of the several towns organized under 

this act. 

ARTICLE SECOND. 

OF THE POWERS AND RIGHTS OF TOWNS AS BODIES CORRORATE. 

Capacity of § J. Each town, as a body corporate, has Capacity : 

To sue and be Ist. To suc and be sued, in the manner prescribed by the laws 

sued. of this state. 

To purchase 2d. To purchase and hold lands within its OAvn limits, and for 

''^^^' the use of its inhabitants, subject to the power of the general 

assembly. 
Jiake contracts 3^' To make such contracts, purchase and hold such personal 
andhoidpersonai property, as may be necessary to the exercise of its corporate or 
proper y. administrative powers.^ 

To make orders. 4th. To make such ordcrs for the disposition, regulation or use 

do so in giving notice of their first town meeting, as it is presumed the inhabitants generally 
will be unacquainted with the law ; such notice -will, therefore, serve, in some degree, to 
inform them in advance a^s to their powers and duties on the occasion, and enable them to be 
better prepared to act. 

The division of towns into road districts has been assigned by this act (Art. 17, § 1,) to the 
commissiouers of highways. In the absence of such commissioners, however, at the first 
town meeting, it has been tlie practice for the electors, when convened at such meeting, to 
make this division themselves, to enable them to proceed at the same meeting to the election 
of overseers of highways. To which end it is proper that a committee of three or more, com- 
ing from different parts of the town, should be appointed at an early hour to prepare and 
report a plan for such division. 

(1) Where a contract is made in pursuance of a vote of a town, but before the conti-act is 
performed the vote is rescinded, it seems that the person with whom the contract is made h 
not affected by the rescission, unless he had notice thereof, in which case it would be other- 
■wise. Allen v. Taunton, 19 Pick., 485. 

A town, as such, has no authority to contract with a plank-road company, or other cor- 
poration, granting them the use of a highway in the town ; as a corporation a town has 
nothing to do witli, and no interest in the highways within its limits ; the title to the soil i.s 
in individuals ; the right to their use belongs to the inhabitants of the to\vn, not exclusively, 
but in common -with the whole public. The care and superintendence of highways has been 
committed to certain officers of the town, chosen for that purpose, and whose duties are pre. 
scribed by law. See 22 Barb., 634. 



ART. 3.] ALTERATION OP BOUNDARIES. 17 

of its corporate property, as may be deemed conducive to the inter- 
ests of its inhabitants. 

§ 2. No town shall possess or exercise any corporate powers, Restriction of 
except such as are enumerated in this act, or shall be specially ^*^^^^^* 
given by law, or shall be necessary to the exercise of the powers 
so enumerated or granted.^ 

§ 3. All acts or proceedings by or against a town, in its cor- Proceedings ana 
pqrate capacity, shall be in the name of such tomi ; but every con- convejances. 
veyance of land within the limits of such town, made, in any man- 
ner, for the use or benefit of its inhabitants, shall have the same 
effect as if made to the town by nanie.^ 

ARTICLE THIRD. 

OF THE ALTERATION OF BOUNDARIES AND DIVISION OF TOWTxS, 
AND EFFECT THEREOF ON THEIR CORPORATE RIGHTS. 

§ 1. The board of supervisors of each county shall have full and Alteration of 
complete power and jurisdiction to alter the boundaries of towns, to boundaries and 

I 1^-,. ^, T-i 1 T^ ^ X • new towns. 

change town Imes, and to divide, enlarge and to create new tovrns, m 
their respective counties, to suit the convenience of the inhabitants re- 
siding therein ; but no new town shall be created, under the provis- 1854. 
ions of this act, unless there shall be at least thirty legal voters 
residing in such new town, nor unless at least twenty of such legal 
voters of such town shall petition for such alteration ; nor shall 
any new town hereafter be made or created, or any town divided, petitions for 
or the boundaries of any town changed by the board of supervisors, ^?^g^'^^' bound- 
within their respective counties, without at least sixty days' notice 
thereof has been given, before the presentation of the petitioni857 
therefor, by posting up not less than five notices in the most pubhc 
places of the town or towns interested, and by also publishing such 
notice at least once in some newspaper published in the county Notice. 
wherein said towns are situated, if any shall be published therein. 

§ 2. In case any town, in any county wherein township organ- Ncgi<?ct to oieer 
ization has been or may be hereafter adopted, shall refuse or ^^^^"^ °^*^^^"^' 
neglect to organize and elect town officers, at the time fixed by ^gr;-; 
law for holding annual meetings, it shall be lawful for twelve free- Freeholders may 
holders of the town to call a. town meeting for the purposes afore- p^i town me-ei- 

(1) Town:^ may be considered as quasi corporations, vith Jiinitcd povrei's co-extcnFive with 
the duties imposed on them by statute or usage, but resti;icted from a g;encral use of the 
authoritj' which belongs to corporations by common law. — Rum/irrd v. Wood, 13 Mass., 193- 

These organized towns or townships are not municipal corporations in the sense which th» 
term is used in our constitution and statutes. They are regarded an quasi corporations. 
See Nnrtony. P'-ck, 3 V/isconsin R., 714. 

The whole power and capacity of towns, as corporations, is derived from and conferred by 
Btatute, and is sjiecified and confined by certiin functions only. Their authority to coutraet 
or a-Hsanie liabilities is restricted to cases where such action is necessary for the exercise of 
their appropri ite functions as corjX)rations, and their power to sue and be sued must be lim- 
ited to cases where tlie assertion of their corporate rights, or the enforcement of their corpo- 
r ite li.ibilities, reOiUires such proceeding. — 22 Barb., 631. 

(2) \V*here a cause of action exists in behalf of a town, and no officer is by statute author- 
ized to prosecute for such cause of action, it is proper for the electors when convened at to\7n 
i]n(>e!"ing to direct such action to be brought, fnr which purpose they may appoint an agent to 
inotitu^e and pro.=ccute the snnie, but such iBuit muet be brought in the name of the to-vm. 
Corndl V. Crui'/ord, 1 Den., 510. 

•> 



18 GENERAL PROVISIONS. [dIY. 1. 

said, by posting up notices in six public places of such town, giving 
at least ten days' notice of such meeting ; which notice shall set 
forth the time, place and object of such meeting ; and the electors, 
when assembled by virtue of such notice, shall have and possess 
all the powers conferred upon them at the annual town meet- 
ing.^ In case no such notice shall be given, as aforesaid, within 
thirty days after the time for holding the annual town meeting, the 
board of supervisors of the county shall, upon the affidavit of any 
freeholder of said town, filed in the ofnce of the county clerk or 
clerk of the board, setting forth the facts, proceed, at any regular 
or special meeting of the board, and appoint the necessary town 
Appointment, of officers for sucli town ; and the persons so appointed shall hold 
ix^/of^6upcr^ their respective offices until others are chosen or appointed in their 
Tisors. places, and shall have the same powers, and be subject to the same 

duties and penalties, as if they had been duly chosen by the elect- 
ors of the town. 
Failure to qnaii- § 3. Whenever it shall be made to appear to the board of 
j^,- supervisors that the town officers appointed by them, or any pre- 

ceding board, as provided in the foregoing section, shall have failed 
to qualify, as required by law, so that such town can not become 
Annex to adjoin- organized, the board of supervisors may annex such town to any 
mg towns. adjoining town ; and the said town so annexed shall thereafter 

form and constitute a part of said adjoining town. 
DiTision of real § 4. AYlicn a town seized of real estate shall be divided into 
estate and divis- two or morc towus, the supcrvisors and assessors of the several 
iSi. °^^^ ^^^" towns constituted by such division shall meet as soon as may be 
after the first town meetings subsequently held in such towns, and, 
when so met, shall have power to make such agreement concerning 
the disposition to be made of such town property and the appor- 
tionment of the proceeds as shall be equitable, and to take all 
measures and execute all conveyances which may be necessary to 
carry such agreement into effect.^ 

1 Form of Notice hy twelve freeholders calling town meeting on default of 
annual meeting. 

TOWN MEETING. 

Notice is hereby given by the undersigned, freeholders of the town of 

. , in the county of , in the state of Illinois, that a meeting of 

the electors of said town will be held on the — day of , A. D. IS — , at 

{state place) for the purpose of electing all such officers as said town may be 
entitled to by law, and transacting all such business a-s the electors have 
power to transact at the annual town meeting ; said town having neg- 
lected to organize and elect town officers at the time fixed by law for holding 
annual meetings, which meeting will be called to order between the hours 
of nine and ten o'clock in the forenoon, and be kept open until six o'clock in 
the afternoon. 

Dated at , this — day of , A. D. 18—. 

{To he signed hy twelve freeholders.) 

^Form of agreement hy Supervisors and Assessors in case of division of 
2hwn, concerning disposition and apportionment of real estate. 

This agreement, made this — day of , A. D. 18 — , by A. B., super- 

vieor and C. D,, assessor of the town of , on the part of said town, 



ART. 3.] ALTERATION OF BOUNDARIES. 19 

§ 5. When any such town shall be altered in its limits, by the Division of prop- 
annexing of a part of its territory, to another town or towns, the Sesldtoed.^^'"^' 
supervisors and assessors of the town from which such territory 
shall be taken and of the town or towns to which the same shall be i86l. 

and E. F., supervisor, and Gr. H., assessor of the to\Yn of on the part 

of said town of ■, in the county of Bureau^ and state of Illinois, 

witnesseth : That whereas the town of , which formerly comprised 

the territory now composing the aforesaid towns of and , has 

lately beeia divided by proper authority, into two towns, named and styled as 

aforesaid, {or as the case may be,) and whereas said town of , was at 

such division thereof seized of the following real estate, to wit, [here describe 
the pretnises.) Now therefore it is agreed by and between said supervisors 
and assessors on the part of their respective towns, that said real estate be 
divided and disposed of for the benefit of said towns, as follows : that portion 
thereof described as follows, {here describe it,) shall be and remain the prop- 
erty of said town of -, and the balance thereof described as follows, 

{he7-e describe the remaining portion of said premises,) be sold within three 
months from this date for the highest sum which the same can be sold for, 

and the proceeds thereof be paid over to said town of . 

In witness whereof said supervisors and assessors have hereunto set their 
hands and private seals, the day and year first above written. 

A. B., [seal.] 

Supervisor. 

C. D., [seal.] 

Assessor. 

E. F., [seal.] 

Supervisor. 

G. H., [seal.] 

Assessor. 

Note. Tlie foregoing form can be variel to suit the circumstances of each. case. What- 
ever agreement is made by the supervisors and assessors, should be reduced to -svi-iting ia 
proper form, and a copy filed with the town clerk of each to^vn interested. When a division 
of the property is impracticable, it may be appraised by the supervisors and a.ssessors, and the 
town whereia it is situated may pay over to the other tovra its equitable share of the vtiluation 
and retain the whole property, when such course is deemed most advisable. It Avill be seen 
that the law has clothed the supervisoi'S and assessors with ample authority for a proper 
division of the real estate ; it has authorized them to make agreement concerning the disposi- 
tion thereof and such apportionment of proceeds as shall be equitable, and to take all meas- 
ures and execute all conveyances necessary to carry their agreement into effect ; therefore 
when it is agreed that the property or any part thereof shall be sold, the super^isors and 
assessors are authorized to execute the conveyance. A question may arise as to who should 
exectite the conveyance, whether the supervisor and assessor of the town wherein the real 
estate is situated, in case of lying all in one town, or whether by the supervisors and assessors 
of the several towns interested. It can do no laarm for them all to join in the convej-ance. 
Indeed, such may be the more proper course. 

I^oi-m of Deed of Conveyance by Supervisors and Assessors co7iveying real 
estate lohere toivn is divided. 

This indenture, made this — day of , A. D., 18 — , between A. B,, 

supervisor, and C. D., assessor of the town of , E. F., supervisor, and 

G. H., assessor of the town of , which towns are in the county of 

Bureau, and state of Illinois, party of the first part, and Joseph W. Harris 
of said county and state, party of the second part, witnesseth : that wiiereas 

said town of has lately been divided by proper authority, and said 

town of erected therefrom, {or as the case may be,) and whereas said 

town of was at the time of such division seized of the following real 

estate, (Aere describe the whole premises,) and w^hereas it was agreed by the 
supervisors and assessors of each of the aforesaid towns, that the following 
portion of said real estate should be disposed of for the benefit of said town 

of , (or as the agreeynent may be,) as being the equitable share thereof 

to which said town would be entitled in consequence jof such division, to wit, 



20 GENERAL PROVISIONS. [dIV. 1. 

annexed shall, as soon as may be after such alteration, meet for tlie 
purpose, and possess the powers provided in the last preceding- 
section. 
Division of mon- § 6. When a towu, posscsscd of or entitled to money, rights or 
ded or Stereo!^" credits or Other personal estate, shall be so divided or altered, such 
personal estate, including moneys, shall be apportioned between 
1861- the towns interested therein, by the supervisors and assessors of 

such towns, according to the amount of taxable property in the 
town divided or altered, as the same existed immediately before 
such division or alteration — to be ascertained by the last assess- 
ment list of such town ; and such supervisors and assessors shall 
meet, for the purposes aforesaid, as soon as may be after the first 
town meetings subsequently held in such towns.^ 

{her-e deacrihc the portion of the premises to be dis.2')0^cd of.) Now therefore 
said party of the hrst part for and in consideration of the sum of 



dollars paid by said party of the second part, the receipt whereof is hereby 
acknowledged, have and do grant, reraise, release, convey and confirm unto 
said party of the second part, and to his heirs and assigns forever, all the 

following described premises, lying and being in said town of , in the 

county of Bureau and state of Illinois, to Avit, {here describe the premises to 
he conveyed.) To have and to hold the same, together with all and singular 
the appurtenances and privileges thereunto belonging or in any wise apper- 
taining, and all the estate, right, title, interest and claim whatever which said 

towns of and , or either of them may have either in law or 

equity, to the oidy proper use, benefit and behoof of the said party of the 
second part, his heirs and assigns forever. 

lu witness whereof, said party of the first part have hereunto set their 

hands and seals the day and year first above written. 
Signed, scaled, and delivered ) 

in the presence of ) A. B., [seal.] 

Supervisor. 
C. D., [seal.] • 

Assessor. 

E. F., [seal.] 

Supervisor. 

G. II., [seal.] 

Assessor. 

KoTS. The forcjoinj deed should be acknowledged in the nsur.! form. 

(1) The proceedings nnd doings of the Rupcrrisors and assefssora ought properly to he 
reduced to Nvriting, as a iiiemorandum showing ho%y and in \7hat manner the money, rights, 
credits, and other person;il pro];erty in disposed of, or apportioned, and how existing debt-! 
are apportioned, and a copy filed v.ith other papers, if any, with the town clerk of each town 
interested, the following id suggested &s a form for such writing or memorandum. 

Form of Proecedings of Supervisor.'^ and As.sessors in appM'tionirig propcrtrj 
in case of division of towns. 

At a meeting of the supervisors and assessors of the towns of ■ and 

, in the county of , convened at the office of the town clerk of 

said town of , on the — day of , A. D. 18 — , {if adjournments arc 

had state the adjournment., ) for the purpose of making agreement concerning 

the disposition of the real estate lately belonging to said town of , 

and apportioning the proceeds thereof according to law in such cases, in 

consequence of a division of the original tov/n of ; also for the pur- 

i:)Ose of apportioning between said towns, the money, rights, credits and other 
personal property lately belonging to, and the debts owing by said tov/n of 
, the following proceedings were had. The real estate of said original 



ART. 4.] TOWN MEETINGS. 21 

§ 7. Whenever a meeting of the supervisors and assessors Meeting of asses- 
of two or more towns shall be required, in order to carry into ^3.^^ s^pei^i- 
effect the provisions of this article, such meeting may be called by 
either of said supervisors ; but the supervisor calling the same 1881. 
shall give at least three days' notice, in writing, to all the other 
officers of the time and place at which such meeting is to be held.^ 

§ 8. The preceding sections shall not, however, apply to any Burial CTound 
cemetery or burial ground, but the same shall belong to the town^^**^ ^''^'^' 
within which it may be situated after a division shall have been ISGI. 
made. 

§ 9. Debts owing by a town so subdivided or altered shall be Debts how appor- 
apportioned in the same manner as the personal property of such ^^°^^'^- 
town ; and each town shall thereafter be charged with its share of ISGl. 
such debts, according to such apportionment. 

AETICLE FOURTH. 

OF TO^VN MEETINGS AND THE POWERS OF ELECTORS. 

§ 1. The citizens of the several towns of this state, qualified by Annual to^m 
the constitution to vote at general elections, shall annually assemble ™*^^*^™^^" 
and hold town meetings in their respective towns, on the first Tues- Time of holding, 
day of April, at such place in each town as the electors thereof, at 

town of was ordered to be disposed of and proceeds apportioned 

according to written agreement between said supervisors a.nd assessors, dated 

. Said town Avas found to be possessed of money to the amount of 

dollars, which was apportioned as follows, [.state how apportioiied.) 

Said town was found to be entitled to money arising from {j>tate the source 

from which the money is to be derived) to the amount of ■ dollars, 

which was apportioned as follows, {state how apportioned., and continue in 
like mdnnsr setting forth all rights, credits and j)ersonal property of the town., 
aiid debts ouihiy, and how apportioned hetioeen the towns.) 

A. B., Supervisor of the 

town of . 

C. D., Assessor of the 

town of . 



E. F., Supervisor of the 
town of 

G. H., Assessor of the 

town of 



^Form of Notice by Supervisor to other officer's to meet and apportion property 
hi case of division or alteration of town. 

To John Clarke., supervisor {or assessor) of the town of , county of 

Bureau : 

You are hereby notified that a meeting of the supervisors and assessors 

of the towns of and , vnIU be held at, {state the place where,) 

on Mojiday, the — day of , A. D., 18 — , at the hour of ten o'clock in 

the forenoon, for the purpose of making agreement concerning the disposi- 
tion of the real estate lately belonging to said town of , and appor- 
tioning the proceeds thereof according to the law in such cases, in conse- 
quence of a division of the original town of , and the erection there- 
from of the town of ; also for the purpose of apportioning between 

said towns the money, rights, credits, and other personal property, lately 



22 



GENERAL PROVISIONS. 



[DIV. 1. 



Place. 
Notice- 



1S61. 



Town officers to 
be elected. 



their annual town meetings, shall from time to time appoint ;^ and 
notice of the time and place of holding such meeting shall be given 
bj the town clerk, bj posting up written or printed notices in three 
of the most pubhc places in said town, at least ten days prior to 
said meeting ; and if there shall be a newspaper published in said 
town such notice shall be inserted at least once therein, prior to 
said meeting.^ 

§ 2. There shall be chosen, at the annual town meeting, in 



belouging to said town of 

fully requested to attend. 

Dated at Milo, this ■ — day of 



at which time and place you are respect- 



-, A. D. 18—. 

Joseph W. Harris, 
Supervisor of the town of 



(1) The section of the constitution here refcrr^to, provides as follows : " In all elections, 
every white male citizen above the age of tweutj'-one yeirs, ha\ing resided in the state on« 
year next preceding any election, shall be entitled to vote at such election ; and every white 
male inhabitiint of the age aforesaid, who may be a resident of the state at the time of the 
adoption of this constitution, shall have the right of voting as aforesaid ; but no citizen or 
inhabitiint shall be entitled to vote, except in the district or county in which he shall actu- 
ally reside at the time of such election. — Const. ^ Art. vi. § 1. 

A towTi meeting, when properly convened at the place appointed at the last annual town 
meeting, may, by a vote of a majority of the electors present, adjourn to anj* other part of 
the town if desired for convenience, and, having again convened pursuant to adjournment, 
may proceed with the business of the day ; but the vote for such adjournment should not be 
taken before the hour of ten o'clock in the forenoon at least ; sufficient time ought to be 
afforded for a full expression of the electors, and in towns where meetings have not usually 
convened until a later hour, then such vote should not be taken until the amval of the 
iisual hour of meeting.— Goidd v. Baker, 8 Cowen, 286. But the meeting could not, of 
course, adjourn to another day. 

In Cook county the annual town meeting is held by special law on the first Tuesday after 
the first Monday in November. See " Local and Special Provisions, " Div. ^^., post. 

^Form of Xotice for Annual Town Meeting. 

ANNUAL TOWN MEETING. 

The citizens, legal voters of the town of Wankegan, in the county of Lake 
and state of Illinois, are hereby notified that the annual town meeting for 
said town will be held at the town hall, [state the place ivhere,) in said town, 
on Tuesday, the — day of April next, being the first Tuesday in said month, 
for the purposes following : 

1. To choose a moderator to preside at said meeting. 

2. To elect one supervisor, one town clerk, one assessor, one collector, one 
overseer of the poor, one commi.ssioner of highways, two constables, two 
justices of the peace, so many overseers of highways as there are road dis- 
tricts in said town, and so many pouud masters as the electors may deter- 
mine. 

3. To {add any further specific aiihjects npon which the meeting may be 
required to act that ynay he thought proper, and conclude by adding) and to 
act upon any additional subjects which may, in pursuance of law, come 
before said meeting, at the proper time, when convened. 

Yv'hich meeting will be called to ord.er between the hours of nine and ten 
o'clock in the forenoon, and be kept open until six o'clock in the afternoon. 

Given under my hand at Waitkegan, this — day of , A. D. 18 — . 

J. M. Truesdell, Town Clerk. 

Note.— The foregoing form, like that given for the first town meeting, ante, page 15, no 
doubt contains more than the law actually requires ; but it is ad-vnsabie, in giving notices of 
this kind, to state the general objects of the meeting ; it affords a better nnderstanding 
beforehand, and calls the attention of those concerned more immediately to the law, by 
•which they are better prepared to act when the appointed time arrives. It is also advisabl« 
to state the time, as fixed by law, for convening or calling the meeting to order. 

The following is a shorter form, which is suggested as being a substantial compUance with 
the law iu giving notice for the annual town meeting, which may hn used when desu-ed ; 



ART. 4.] TOWN MEETINGS. 23 

each town, one supervisor, one town clerk, one assessor, one col- 1361. 
lector, one overseer of the poor, one commissioner of highways, 
two constables, two justices of the peace, as many overseers of 
highways as there are road districts in the town, and so many 
pound masters as the electors may determine : provided, that jus- 
tices of the peace and constables shall be elected only once in four 
years, except to fill vacancies ; and such justices and constables 
shall be successors to precinct justices and constables : provided 
further, that any town having eight hundred or more legal voters A'^<^>*i^°^^ ^"P*"^* 
shall be entitled to elect one additional supervisor, styled assistant I8(ii." 
supervisor. ^ 

§ 3. In all towns having a population of more than two thou- Additional juaci- 
sand inhabitants, it shall be lawful for the qualified voters thereof ^^LlC^' ^""^ 
to elect one justice of the peace and one constable for each and 1854. 
every thousand of its inhabitants, until the population shall reach 
five thousand, after which the number of justices of the peace and 
constables shall not be increased.^ Said justices of the peace and 
constables shall be elected in the same manner and shall hold their 
offices for the same term of time as other justices of the peace and 
constables. Said justices of the peace shall be commissioned by 
the governor, and shall have the same jurisdiction, power and 
authority, and be subject to the same liabihties and shall execute 



Another form of Notice for Annual Town Meeting. 

ANNUAL TOWN MEETING. 

The citizens, legal voters of the town of Silver Creek, in the county . 
Stephenson, and state of Illinois, are hereby notified thai the annual town 
meeting for said town will be held at, {state the place where,) on the — day 
of April, A. D. 18 — , being the first Tuesday in said month, for the purpose 
among other things of electing the following officers, (here enumerate the town 
officers to be chosen,) and for the transaction of all such other business as 
may, in pursuance of law, come before such meeting when convened ; which 
meeting will be called to order between the hours of nine and ten o'clock in 
the forenoon, and be kept open until six o'clock in the afternoon. 

Given under my hand at Silver Creek, this — dav of March, A. D. 18 — . 

P. D. BuLKLEY, Town Clerk. 

(1) For powers of assistant supervisors, see Article 8, Sec. 10, post. Several cities and 
incorporated villages of the state have authority to elect supervisors in addition to those pro- 
vided by this act. The city of Galena, by charter, amended 1861, is allowed one supervisor 
for each ward. The city of rt'aukegau. by charter, 1859, is allowed one supervisor for each 
ward. The village of Naperville, by special luit of 1855, is allowed one supervisor. In the 
Tillage of \7oodstock, Mcilenry county, by charter, 1852, the prerfdent of the board of 
trustees is by virtue of office, a member of the board of supervisors of the county. The vil- 
lage of Antioch, Lake county, by charter, 1857, is allowed one supervisor. In the village of 
Palo, Ogle county, the president of the board of trustees is a member of the board of super- 
visors of the county, by virtue of ofBce ; and there may be other cities, villages and towns 
in the state entitled to additio-aal supervisors, by special law, not here enumerated. See 
Article ISth, Sectio/ia 3 and 11, post, giving to the cities of Chicago and Peoria, one super- 
visor, in each ward, and to the towns of East and West Galena, each an additional supervisor. 

(2) If a town fails or neglects to elect the number of justices or constables, to which it 
would be entitled under the law. and should elect a less nimibcT. having had a full number 
for t:ie preceding term, this would oust all those of the previous term ; neither could hold 
over on the ground that no one had been elected in his plnce.— Platnery. Jones, 17 Wend.. 81 
If in a town having three justices and three constables, the electors should at any time see 
fit to elect only two instead of three, it would oust all those of the preceding year, notwith- 
ptanding the number for the preceding year may have been three ; neither of them can hold 
over on the pretence that no one is chosen in bis place.— Pdo^j/e v. Jones, 17 Wend., 81. 



24 



GENERAL PROVISIONS. 



[DIY. 1. 



bond and be sworn in the same manner as other justices of the 
peace. 

§ 4. The assessor and commissioners of highways, elected in 
every town, shall, by virtue of their office, be fence viewers of 
such town.^ 

§ 5. The electors of each town shall have power, at their 
annual town meetings :^ 

1st. To determine the number of pound masters and the 
locality of pounds. 

2d. To elect such town officers as may be required to be 
chosen. 

3d. To direct the institution and defense of suits at law or ia 
equity in all controversies between such town and corporation, 
individuals or other towns.^ 

4th. To direct such sum to be raised in such town for prose- 
cuting or defending such suits, or for the support and maintenance 
of roads and bridges, or for any other purpose, as they may deem 
necessary ;^ also, to authorize and require the commissioners of 
highways to assess a road tax on all real estate and personal prop- 
erty liable to taxation in the town, to any amount not exceeding 
thirty cents on each hundred dollars' worth, as valued on the 
assessment roll of the previous year. 

5th. To take measures and give directions for the exercise of 
their corporate powers. 

6th. To make such provisions, by-laws and regulations and 
allow such rewards for the destruction of Canada thistles or nox- 



rence vie^Ters. 



Pswerg of eleet- 
en. 



Pounds. 
Tgvh officers. 



Expense of con- 
ducting suits. 

Kcads and 

bridges. 

1854. 

lioad tax. 

1857. 

1861. 



lixercise powers. 



Canada thistles 
and weeds. 



(1) For powers and duties of fence viewers, see " Inclosures and Fences," Dw. III. post. 

(2) The powers of the electors to hind the town are conferred by statute, and are limited to 
such acts as are prescribed by law. — Cornellv. Guilford, 1 Den.. 510. 

It is held in Massachusetts that a town may indemnify its officers against a liability which 
they may incur in the bona fide discharge of their duties, although it turn out that they 
have exceeded their legal rights and authority .-^Sincro/t v. Lynfield^ 18 Pick.^ 566. 

The electors at town meetings cannot direct an officer of the towu to perform any act which 
by law he has not authority to i^erform, nor to act in any other manner, in the performance 
of his duty, than that which is pointed out by law. — Keen v. Stetson, 5 Pick., 492. 

In Cook county, in the towns of North Chicago, AVest Ciiicago, and South Chicago, the 
powers here given to the electors, arc conferred upon the boa'rd of town auditors, with assist- 
ant and wiird supervisors. See '' Local and special provisions,"' Div. VII., post. 

(3) It is lield in New Hampshire, that towns have a qualified interest in the roadways and 
■bridges they have erected, and may maintain an action on the case for the destruction or ob- 
struction of the road, or the conversion of the materials. — Town of Troy v. Cheshire R. R. 
Co., 3 Porter, 83. 

Held in Ma.ssachusetts that it is competent for the inhabitants of a town to take upon 
themselves the expense of a suit agi\inst their agent or servant in which the interests of the 
town are directly involved. Where the servants of the town have made mistjikes, which have 
rendered them liable at law, that it is legal and proper for the town to meet the expense. — 
Babbitt et al v. Savoy. 3 Cush., 530. 

No action lies against a town for an injury to horses occasioned by the suffering of a 
pubUc highway to become out of repair, and in a ruinous and unsafe condition ; and tho 
electors at town meeting have no authority, and cannot, by a majority vote, bind the town 
by agreeing to pay to the owner his damages he has sustained by such injuries. The town 
could not be made liable, it seems, without some express statute to that effect. In most of 
the New England states, such a statute exists. — See Morey v. IS'ewfane, SBarb., 645 ; also, 17 
Johns., 452. 

If, after a vote of the town not to defend an action brought against it. the supervisor or 
person representing the town, shall nevertheless make a defence, he will not be a competent 
■witness in the action, for he will be bound to indemnify the town against the costs of the de- 
fence. — Emerson \. Neivherry. IS Pick.. 377. 

(4) This provision for raising money, wa.s contained in the amendatory act of 1854, and is here 
re-enacted. It is apprehended however that the electors would not have authority to direct 
the raising of money for any purpose in which the to^vn was not immediately interested, and 
directly benefited. — See People \. Works, 7 Trenrf.,486. 



ART. 4.] POWERS OF ELECTORS. 25 

ious weeds as thej may deem necessary, and to raise money there- 
for ; also to impose such penalties as they may think proper, not 
exceeding twenty -five dollars for each offence, for a violation of 
any provisions, by-laws or regulations made as aforesaid. 

7th. To establish and maintain pounds at such places within Pounds estab- 
the town as may be deemed necessary and convenient, and discon- Jis^d^rnddiscon- 
tinue any pounds therein. 1861. 

8th. To restrain or prohibit the running at large of cattle, Restraining of 
horses, mules, asses, hogs, sheep or goats; to authorize the dis- ^^^'^^^ ^'^^^^ 
training, impounding and sale of the same for penalties incurred 1861. 
and the costs of the proceedings, and to determine the time and 
manner in which such animals may go at large. ^ 

9th. To make rules and regulations for ascertaining the suffi- Fences. ^ 

ciency of all fences in such towns, and to determine what shall be is57, * 

a lawful fence within such town.^ 

10th. To impose such penalties on persons offending against Penalties. 
any rule, regulation or by-laws, established by such town, except 
such as relate to the keeping and maintaining of fences, as they E^^pt fences. 
may think proper, not exceeding ten dollars for each offence, unless -^g^-^ 
a different penalty is provided by law, and to remit or refund pen- 
alties incurred or paid. 

11th. To apply all penalties, when collected, in such manner Apply penalties. 
as they may deem most conducive to the interests of the town. 

12th. To make all such by-laws as may be necessary to carry By-iaws. 
into effect the powers herein granted. Whenever the electors of 
any town shall determine, at tdwn meeting, to erect one or morepo^n^ijj,ag|.gj. 
pounds therein, the same shall be under the care and direction of i^aveeareof 
such pound masters as shall be chosen or appointed for that pur- 
pose. 

§ 6. The sale of animals distrained or impounded, under the saie of animals 
provisions herein, shall be conducted as near as may be according ™p°^^^^- 
to the law regulating sales of property by constables under execu- ^^^l. 
tion.3 The owner of such animals shall have the right to redeem 

(1) The rule of the common law, which reqiiires the owner of cattle, horses and other ani- 
mals, to keep them on his own land, is not in force in Illinois. — Seeleyy. Peters, 5 Gibn., 130 • 
Misnerv. Llg/Undl,lS Ills. QOd. Therefore the legislature has given to towns the power to 
restrain and prohibit such animals from going at large, should they think proper to do so. 

There is no general law in Illinois prohibiting such annuals as are enumerated in this section 
from running at large in the highway. — Seeley v. Peters^ 5 Gilm., 130. 

A vote of a town to restrain cattle or other animals from going at large within the limits of the 
town is binding upon persons not inhabitants, whose animals are found going at large. — Gil- 
more y. H>U, 4: Pick. ,25S. 

Any by-law of a town declaring that all hogs should be kept up, only extends to prevent hogs 
from going at large on the highway; and it seems that a town has no power to prevent the in- 
habitants from allowing their own hogs and other animals to go at large upon their own land. — 
S.ieparrl v. H^«5, 12 Johns., 433. 

(2) In order to maintain an action of trespass for damage done by cattle or other animals, the 
owner of the close must show that it was protected by a good and sufficient fence.— Seeley v. 
Peteri,5Gil)n.,VoO; Misnery. LighUiell 13 Ills.., 74. Or such a fence as the electors of the 
town had determined to be a lawful fence. 

Where, in a field occupied by sevei'al persons, there is an inner fence, one of the occu- 
pants of the field can not remove such inner fence at pleasure, although he may be the owner 
thereof, without rendering hunself liable to his co-occupant for any damages resulting there- 
from. Nor is it .any defence to an action of trespass, grooving out of the removal of the inner 
fence, to show that the compl;iining party was bound to keep the outer fence in repair, or 
that he might have repaired the .tame at small expense. — Buckmaster v. Cool. 12 Ills ., 74. 

(3) The law regulating sales of property by constables under execution, provides that the 
constable " shall appoint a day and hour for the sale of said property, giving ten days' pr^ 



26 GENERAL PROVISIONS. [dIV. 1. 

Redemption. the same from the purchaser thereof, any time within three months 
from the date of sale, by paying the amount of the purchaser's bid, 
with interest thereon at the rate of ten per cent, per annum. 
Publication of by. § 7. It shall be the duty of the town clerk to cause all by-laws, 
^^* rules aud regulations of the town, within twenty days after their 

■ adoption, to be published by posting in three public places in the 

town ; also, if the town shall so direct, causing the same to be in- 
serted once in a newspaper published in the town, if any there 
shall be; if not, then in any newspaper published in the county; 
but all such by-laws, rules and regulations shall take effect and be 
in force from the date of being adopted, unless otherwise directed 
by the electors of the town. 
li^cM town § 8. Special town meetings shall be held when the supervisor, 

^^ "'^^' town clerk and justice of the peace, or any two of them, together 

hdli" "^y ^^ with at least twelve freeholders of the town, shall, in writing, file 
J in the office of the town clerk a statement that a special meeting 

is necessary to the interest of the town, setting forth the object of 
the meeting ; and the town clerk, or, in case of his absence, the 
Notice. supervisor, shall post up notices in five of the most public places 

in the town, giving at least ten days' notice of such special town 
meeting, setting forth the object of the meeting, as contained in the 
statement filed in his office. Such notice shall likewise be inserted 
at least once in a newspaser published in the town, if any is pub- 
mSng.^"^^"^ lished therein. The place of holding special town meetings shall 
be at the place where the last annual town meeting was held ; but 
in case such place shall be found inconvenient, the meeting may 
adjourn to the nearest convenient place.^ . 



vious notice of such sale, by advertisement in writing to be posted up at three of the most 
public places in the county ; aud on the day so appointed, the said constable shall sell the 
property so levied on, or so much thereof as may be necessary to pay the debt, interest and 
costs, to the highest bidder.'' — Rev. Slat.., 826. Sec. 79. The property should be sold by 
the pound master, in the town, at some convenient public place to be set forth in the notice 
of sade. The following may be the form of the notice of sale. 

Form of Pound Master's Notice of Sale. 

POUND master's sale. 

Notice is hereby given that the undersigned, pound master, for the town of 
Magnolia., in the county of Putnam, and state of Illinois, by virtue of author- 
ity in him vested, will on the — day of A. D. 18 — , at the hour of — 

o'clock, M. at {state place) in said town, ofier for sale, and sell to the highest 
bidder the following described animals, to wit: [describe the animals particu- 
larhj) said animals having been duly distrained and impounded, for a fine of 

dollars incurred in consequence of the same running at large in said tov/u 

contrary to the by-laws thereof. Said animals will be sold as aforesaid in sat- 
isfaction of said fine and costs of proceedings. 

Dated this— day of A. D. 18 — . 

John Smith, Pound Master. 

1 Form of statement to he filed in the office of town clerk, for Special Town 
Meeting. 

The undersigned, town officers and twelve freeholders of the town of 
Wayne, in the county of Du Page, do state that a special town meeting is 
necessary to the interest of said town for the purpose of {liere set forth the 
object of the meeting.) 



AUT. 4.] CONDUCTING TOWN MEETINGS. 27 

§ 9. The electors, at special town meetings, when properly Power of electors, 
convened, shall have power : 

1st. To fill vacancies in the office of justices of the peace, andTofiUTacancies. 
to till vacancies in the office of constable, or any town officer, I86i. 
where the same shall not have been already filled by appointment. 

2d. To provide for raising money for repairing highways or To raise money 
building or repairing bridges, in cases of emergen(!y, and to direct 1^1"'^°®^' 
the building or repairing thereof. 

8d. To act upon any subject within the power of the electors To transact un- 
at the annual town meeting, which was postponed at the preceding ^^^*^'^^^^^^*' 
annual town meeting, to be considered at a future special town 
meeting, for want of time. But special town meetings shall have Resti-ictiou of 
no power to act on any subject not embraced in the statement and^'^^^*^^' 
notice calling the same. 

We would therefore request that immediate notice be given thereof ; and 

tb.it such meeting be held on the day of , A. J). 18 — . 

Witness our hands this day of , A. D. 18 — . 

Luther Bartlett, l^upervisor. 
S. W. MoFFATT, Town Clerk. 
Charles Smith, ) t *• c ^x. n 
John Gloss, \ ^""'^'"'^ ^^ *^^ ^^^^^• 
(Names of 12 others,) Fceeholdersof the town. 

Form of Notice for holding Special Town Meeting. 

SPECIAL TOWN MEETING. 

Wherp,as, the supervisor, town clerk and justices of the peace {or aft the 
case inav he) together with twelve freeholders of the town of Waync^ have, 
in writing, filed in ray office a statement that a special town meeting is neces- 
sary to the interest of said town, setting forth the object of the meeting, 

The inhabitants, legal voters of the said town of Wayne, are therefore 

hereby notified, that a special town meeting will be held at , on the 

— day of , A. D. 18 — , at 9 o'clock in the forenoon ; for the pur- 
poses following, to wit : 

To {here enumerate specifically in proper order the subjects to he acted tipon 
as contained in the statement filed.) 

Being the objects contained in the said statement filed in my office. 

Given under my hand at Way?ie, this — day of A. D. 18 — . 

S. W. MoFEATT, Town Clerk. 

Note. The notice should contain substantially the same objects set forth in the request 
for the special meeting. 

It is held in New York that special town meetings have no jurisdiction to act upon any 
subject not specially conferred upon siich meetings by law. That the powers conferred upon 
the electors at the annual town meeting can not be extended by implication to special town 
meetings. People y. Works, 7 WenrJ., 486. By the stjitute of New York, special town meetings 
have power, specially given, to supply vacancies in certain cases ; to raise moneys for the sup- 
port of common schools, or the poor, when those subjects were not acted upon at the annual 
to\vn meeting ; and to deliberate in regard to suits for or against the town, and to raise mon- 
eys therefor. And it is decided that they have no other power.— See same case before cited. 
This decision will apply with equal force to our own law. It wll be observed however, that 
special tosvn meetings have authority to act upon any siabject within the power of the elec- 
tors at the annual town meeting where the subject was postponed for the consideration of a 
special meeting. When it is desired to postpone the consideration of any subject to a sub- 
sequent special to^vn meeting, the proposition should be reduced to writing in the form of a 
resolution or order, and being adopted by the meeting, should be recorded by the clerk upon 
the minutes of the proceedings of the meeting, that in case of controversy it may be shown 
wth certainty wliat subjects were postponed or laid over. The policy of postponing subjects 
for the action of special town meetings sliould never be adopted unless it becomes absolutely 
necessary from want of time for action at the annual meeting, or like cause ; such a policy 
must always more or le^s endanger the rights of individuals, and tend to confusion and dis- 
satisfaction. 



28 GENERAL PROVISIONS. [dIV. 1. 

Privilege from § 10. During the clay on which any annual or special town 

'^^^ ' meeting shall be held, every person in the town, entitled to vote at 

such town meeting, shall be privileged from arrest, in all cases, 

except treason, felony or breach of the peace. 



ARTICLE FIFTH. 

OF THE METHOD OF CONDUCTING TOWN 3IEETINGS.^ 

Hour of opening § 1. The electors present at any time between the hours of 

town meeting, j^j^-^g r^^^ ^^^ ^iQ^ o'clock, in the forenoon of the day on which 

there is an annual or special town meeting, shall be called to order 

by the town clerk, if there be one. In case there be none, or he 

is not present, then the voters may elect, by acclamation, one of 

Cho<?se modera- their number chairman. They shall then proceed to choose one 

of their number to preside as moderator of such town meeting.^ 
Oath of office of § 2. Before the moderator or the presiding ofRcer of any town 
moderator. meeting shall enter upon the duties of his office, he shall take an 
oath faithfully and impartially to discharge the duties of such office ; 

(1) Town meetings here providod for, are conventions or assemblies of the legal voters of 
the town, forming what is tem-cJ deliberative asscuibUes, for the trausaetioii of ccrtahi busi- 
ness, pertaining to their immediate local interests, — exercising certain inherent powers, not 
delegated to their representatives, each elector appearing and acting for himseU', and being 
accountable to no one for his acts jus such. Meetings of this kind are conducted according to 
certain rules which experience has shown to be lit and necessarj' for that purpose. The rules 
necessary in conducting the ordinary business of a town meeting are few and .«iniple, and are 
such as would occur to the good sense of every man of ordinary intelligence. In disposing 
of business properly and with dispatch, much depends upon the moderator or presiding offi- 
cer; if he thoroughly understands his duties, and performs them properly and promptly, ho 
will greatly ficiUtate the business of the meeting. The general duties of tiie presiding oificer, 
as laid down in the books of parlbmentary practice, are the following : 

To open the sitting, at the time to which the assembly is adjourned, by taking the chair and 
calling the members to order. 

To announce the business before the assembly in the order in which it is to be acted 
■upon. 

To receive and submit, in the proper manner, all motions and propositions presented by 
the members. 

To put to vote all questions which are regularly moved, or necessarily arise in the course 
of the px'oceetlings, and to announce the result. 

To restrain the members, when engaged in debate, within the rules of order. 

To enforce on all occasions, the observance of order and decorum among members. 

To receive all messages and other communications and announce them to the assembly. 

To inform the assembly, when necessary, or when refen-ed to for the pui'pose, in a point of 
order or practice. 

To name the members (when directed to do so in a particular case, or when it is made a 
part of his general duty by a rule,) who are to serve on committees ; and, in general, 

To re])resent and stand for the assembly, declaring its will, and, in all things, obeying im- 
plicitly its commands. — Cushlm^'s 31anual. 

The modei-ator will find upon examination, that the most important of his duties have been 
defined by this act. 

It is made the duty of the moderator, a.s will be seen, to regulate the business and proceed- 
ings of the meeting. After the meeting is fully organized, by the election and qualification 
of the proper officers, he should announce that the meeting is organized and ready to proceed 
to business. — that the first business in order will be the opening of the polls and proceeding 
to the election of such officers of the to^^•n as are to be elected by ballot. At the hour of two 
o'clock P. M., he should announce that the liour of two o'clock in the afternoon having 
arrived, the general business of the day, as provided by law, is in order. He should then 
direct the order in which the various subjects for action shall be taken up, and announce 
each as it comes up in its order for action. 

(2) ShoiTld there be a failure to call the town meeting to order within the hour appointed 
by the law. it could no doubt be called to order at any time before the hour fixed by law for 
closing. — See Goodell v. Bakrr, 8 Cou'f-n, 286. 

In Cook county the supervisor of the to\\^l is moderator of the town meeting, by virtue of 
office. See "Local axd Special Provision s,'" post, p. 2.39. 



ART. 5.] CONDUCTING TOWN MEETINGS. 29 

which oath may be administered by the town clerk or other proper 
officer.^ 

§ 3. The town clerk, last before elected or appointed, shall be cierk of meeting 
the clerk of the town meeting, and shall keep faithful minutes of 
its proceedings f in which he shall enter, at length, every order or Minutes of pro- 
direction and all rules and regulations made by such meeting.^ ceeOings. 

(1) In Cook county the supervisor is moderator. See "Local and Special Pb'g visions,"' 
Dxv. VII., post, p. 239. 

Form of Oath to he administered to Moderator of Town Meeting. 
You do solemnly swear {or affirm) that you "will faithfully and impartially 
discharge the duties of moderator at this town meeting ; so help you God. 

Note. — Thiis oath, it vrill be seen, may be administered by the to^vn clerk or other proper 
officer. The statute has determined who are empowered to administer oaths, wkether oaths 
of office, or for other purposes. By the Ilevised Statute-^, chap. 76, sec. 3, it is enacted, " that 
all courts of the state, the judges, justices, notaries public and clerks of said courts, within 
their respective districts, circuits or counties, and the justices of the peace within tiieu' coun- 
ties, shall respectively have power to administer uU oaths of office, and other oaths required 
to be taken by any person before entering upon the discharge of the duties of any office, 
appointment, place or business, or any other la\\1ul occasion." — See Purple's Stat., p. 786. 

>V'hat is therefore understood by " other proper officer, ■• is any of the officers enumerated by 
the section of the statute here quoted. 

The clerk should make a record upon the minutes of the meeting, of the fact that the 
moderator was duly sworn before entering upon the duties of his office. 

Where, in pursuance of law, the oath of office is administered to a town officer in open town 
meeting, in presence of the town clerk, the clerk's record of the fact is competent evidence 
of the administration of the oath. — Briggs v. Murtlock, 13 Pick., 305. 

The neglect of the moderator or clerk to take the oath as prescribed, would not, it seems, 
"vitiate the election of officers at town meeting. An oath irregularly administered, ^0?- exam- 
ple, upon a book other than the Holy Bible — the parties administering it, and taking it, sup- 
posing it a Bible, is a valid oath. — People v. Cook, 4 Seldon, 67. 

(2) One who wa,s formerly a town clerk, but is no longer in the office, can not amend atowu 
record made by him when town clerk ; but if he continue in office, he may amend the record 
of a previous term ; the intervening election is held to be substantially a continuance of the 
clerk in the same office. — Hartnell v. Littleton, 13 Pick., 229. 

^ Form of Minutes of Proceedings of Town Jfeeting. 

At the annual town meeting held in the town of Batavia, county of Kane., 

and state of Illinois, at {state place of meeting,) on the — day of , A. D. 

18 — , the meeting was called to order \iy Frank Crandon, town clerk. N. S. 
Young, Esq., was, on motion of Mr. C. H. Broion, duly chosen to preside as 
moderator, who being first duly sworn by A. A. Smith, Esq., a justice of the 
peace in said town, entered upon the duties of his office. 

The polls for the election of officers were opened, proclamation thereof 
bein^ first made by the clerk. 

Af twelve o'clock at noon, on motion of Mr. , the meeting was 

adjourned and polls closed for one hour, till one o'clock P. M! 

At one o'clock P. M., meeting called to order by the moderator, and polls 
opened, pursuant to adjournment. 

The hour of two o'clock in the afternoon having arrived, and the general 
business of the day being now in order, 

On motion of Mr. R. L. Ford, it was voted that the polls for the election 
of officers be kept open till six o'clock P. M. 

The following named persons were elected by yeas and nays, overseers of 
highways for the ensuing year, in the follovnng road districts, to wit, {here 
give the names of persons and number of districts.) 

On motion of Mr. Jason Chapel, ordered that a pound for impounding 
animals be established and erected at {state place where,) \\\i\\m sixty days 

from this date, not to exceed in cost the sura of dollars, and that the 

same be erected and constructed under the direction of the pound master. 

Mr. A. W. Bull presented the following i-esolution, "which, on motion, was 
adopted : 

Resolved, That, {Set forth the resolution.) 

On motion of Mr. Spencer Johnson, ordered that the next annual tO"wn 
meeting be held at {set forth the place ardered.) 



so 



GENERAL PROVISIONS. 



[div. 1. 



Oierk pro tern. 



Moderator to reg- 
ulate business. 



Decision of ques- 
tions. 



Questions how 
decided. 



Order of bueinese . 
1857. 



General business 
commence at two 
ex-lock P. M 



Reconsideration 
of motion. 

1861. 



Disorderly con- 
duct. 



§ 4. If the town clerk be absent then such person as shall be 
chosen for that purpose by the electors present shall act as clerk 
of the meeting/ 

§ 5. The moderator chosen by the electors to preside at the 
annual or special town meeting shall regulate the business and 
proceedings thereof, and shall decide all questions of order, and 
shall make pubhc declaration of all votes passed. When any vote, 
so declared by him, shall, upon such declaration being questioned 
by one or more of the electors present, he shall make the vote 
certain by causing the voters to rise and be counted or by dividing 
off. 

§ 6. All questions upon motions made at town meetings shall 
be determined by the majority of the electors voting ; and the offi- 
cer presiding at such meeting shall ascertain and declare the result 
of the votes upon each question. 

§ 7. It shall not be lawful for the electors, at the annual town 
meeting, to commence the transaction of any business, except that 
which shall pertain to the organization of the meeting and the 
election of the officers of the town, until the hour of two o'clock 
in the afternoon ; at which hour, or as soon thereafter as the elect- 
ors present may determine, the general business of the day, which 
the electors may lawfully transact at town meetings, shall com- 
mence, and be continued until such business shall be disposed of; 
upon the completion of which the moderator shall announce the 
miscellaneous business of the day to be closed ; after which an- 
nouncement no further business shall be transacted at that meeting, 
unless the electors shall, at the time of such announcement, as 
aforesaid, so order, except the election of officers, as aforesaid, or 
that which appertains thereto ; after which no question already 
disposed of shall be reconsidered, unless the motion for such recon- 
sideration shall be sustained by a number of votes equal to a ma- 
jority of all the names entered on the poll list, at such meeting, 
up to the time such motion shall be made. 

§ 8. If any person shall conduct in a disorderly manner, at 
any town meeting, and, after notice from the moderator, shall per- 
sist therein, the moderator may order him to withdraw from tlie 
meeting, and, on his refusal, may order a constable or other person 
to take him from the meeting, and confine him in some convenient 
place until the meeting shall adjourn ; and the person so refusing 

(In like manner, set forth each order or direction as they transpire ; after 
which, at the close, set forth the statement of the canvass of votes, as di- 
rected by section 22 of this article, post.) 
On motion, meeting adjourned without day. 

Frank Craxdon, Town Clerk, 
X. S. Young, Moderator. 

It seems that the clerk's record of the proceedings of a town meeting will be considered snf. 
ficient eTidence of the facts therein set forth, as transpiring at that meeting. — Briggs v. illur- 
dock, 13 Pick., 306. 

(1) When it becomes necessary to choose a clerk pro tem., it is proper that he should be 
Bwom, using the form of the oath of moderator ; adapting it to the case.. 



ART. 5.] CONDUCTING TOWN MEETINGS. 31 

to withdraw shall, for such offence, further forfeit a sum, not 
exceding ten dollars, for the use of the town.^ 

§ 9. No I '"'^-on shall be a voter at any town meeting, unless he Qualification of 
shall be qualitied o vote at general elections, and has been for the "^°^^^^- 
last thirty days an actual resident of the town wherein he shall 
offer to vote.'' 

§ 10. If any person offering to vote at any election or upon Challenge of 
any question arising at such town meeting shall be challenged as an ^^ ^^' 
unquaHlied voter, the presiding officer shall proceed thereupon in 
like manner as the judges at the general elections are required, adapt- 
ino- the oath to the circumstances of the town meetino^.^ 

(1) The order of the moderator to take s persoii from the meeting, for disorderly conduct, 
need not be in writing, but may be given to the constable, or other person verbally ; but if it 
is desired to recover the forfeiture or penalty provided for, it ^vill be an independent matter, 
and must be prosecuted as in other cases of fines or penalties going to the town. — Parsons v. 
Brainarfl, 17 Wend., 522. 

(2) By " an act to prevent illegal voting at elections," and ''an act to provide for ascertain- 
ing the qualification of voters and to prevent illegal voting," the former approved Feb. 21st, 
and the latter Feb. 22d, 1831, it is provided that to constitute a voter at any election under 
the laws of this state, except under charters for cities or incorporated towns, the person must 
have resided in the election district (or township) where the vote is offered, for the term of 
thirty days immediately preceding the election. — See title " Elections," Div. II., post p. 128. 

(3; For proceedings by judges at general elections, see Elections, Div. II., p. 124, act 
approved February 12th, 1849, § 10 ; also the two acts, one approved February 21st, and the 
other February 22d, 1861. The" oath required at general elections, when adapted to the cir- 
cumstances of the town meeting, under the acts of the legislature before referred to, will be 
»s follows : 

J^orm of Oath to person challenged. 
You do solemnly swear {or affirm as the caste may be) that you are a resident 
of thia township, and that you have been an actual resident herein for the 
lastthirtydays : that you are a citizen of this state, and have resided herein 
one year preceding this town meeting ; {or that you was an inhabitant of this 
state on the first day of April, in the year of our Lord one thousand eight 
hundred and forty-eight ; ) that you are above the age of twenty-one years, 
and that you have not voted at this town meeting, so help you God. 

By the election laws of 1861, as will be seen, the person challenged is required, in addition 
to the foregoing oath to swear or affirm to his place of residence, specifying the particular 
place and house in which he resides, and stating how long he has there resided, and his 
business or employment ; and if he has not resided in such house for thirty days im- 
mediately preceding such election, he shaU state where and in what house he has resided 
for the lastthirtydays, and in addition thereto he is required to produce two -svitnesses, both 
personally known to the judges of the election and resident in the precinct, district, or ward, 
to testify to the qualifications of the person cliallenged as a voter. The additional oath of 
the person challenged may be in the following form, followed by appropriate interrogatories j 

Form of additional Oath to person challenged. 
You do solemnly swear, {or affirm^) that you will fully and truly answer all 
such questions as shall be put to you touching your place of residence, and 
qualifications as a voter at this election. 

The moderator will then put the following questions : 

1st. In what town do you now reside ? 

2d. In what place and house do you reside ? State the same particularly. 

3d. How long have you resided in said house, and what is your business 
or employment ? 

(If the answer shows that the person has not resided in such town for 
thirty days immediately preceding the election or town meeting, he must 
state where and in what house he has resided for the lastthirtydays.) 

The two -witnesses produced to prove the residence of the person challenged are required 
by law to take the following oath, which will be administered to each by the moderator : 



GENERAL PROVISIONS. 



[div. 1. 



False swearincc. 



1861. 
Punishment. 



Illegal voting. 

ISSl. 



Punishment. 



Adjournment of 
town meetiijg and 
closing of polls. 
1854. 
1861. 



Minutes to be 
filed. 



Proclamation. 



§ 11. If any person, challenged as unqualified to vote at any 
town meeting, shall be guilty of willful and corrupt false swearing 
or affirming, in taking the oath required in the preceding section, 
such person shall be deemed guilty of wdllful and corrupt perjury, 
and punished accordingly. 

§ 12. Any person who shall vote or offer to vote in any town 
in which he does not reside, or who shall vote or offer to vote in 
more than one town, or who shall vote or offer to vote more than 
once on the same day at any town meeting, or who is not a legal 
voter, he shall be guilty of a misdemeanor, and, on conviction 
thereof, shall be punished by a fine of not exceeding one hundred 
dollars, or imprisoned not exceeding six months, or both by such 
fine and imprisonment. 

§ 13. Town meetings shall be kept open from the time of open- 
ing in the morning until six o'clock in the afternoon, unless the 
voters present may, by vote, adjourn one hour, from twelve till one 
o'clock ; and at all town meetings and elections of town officers the 
polls may be closed at four o'clock in the afternoon, but may be 
kept open until a later hour, in the discretion of the electors.^ 

§ 14. The minutes of the proceedings of every town meeting, 
subscribed by the clerk of said meeting, and by the presiding offi- 
cer, shall be filed in the office of the town clerk, within two days 
after such town meeting. 

§ 15. Before the electors shall proceed to elect any town officer, 
proclamation shall be made of the opening of the polls, by the 
town clerk ; and proclamation shall, in like manner, be made of 
each adjournment, and of the opening and closing of the polls 
until the election is ended." 



Form of Oath of Witoiesses produced to prove residence of person clialleiiged. 
I do solemnly swear, or affirm, (as the case may be,) that I am a resident 
of this election district, and entitled to vote at this election, and that I have 
been a resident of this election district for one year last past, and that I am 
well acquainted with the voter Avhose vote is now offered, that he is an actual 
and bona fide resident of this election district, and that he has resided in this 
state for one year last past. 

In deciding -who are Toter.s at towTi meeting, two questions are to be determined — first, the 
person must be a voter at general elections ; second, he must also have been for the last 
thirty days a resident of the town in which he offers to vote. As to who areA'oters at general 
elections, see note to section 1, article 4, ante, p. 22. 

In the absence of any express statute on the subject, it has been decided that a resident is 
a person coming into a place with, intention to establish his domicil or permanent residence, 
and who, in consequence, actually remains there. Time, however, is not so essential as the 
intent executed by malung or beginning an actual establishment, tliough it be abandoned in 
a longer or shorter period. Bouv. L. Diet., title '' IIesidext," 20 JbAn.^., 211. 2 Scam., 377. 
But our statute has provided, see election laws, ;;os«, Drv. II., approved Tebruary 22d, 
1861, that to constitute residence under the constitution and election laws of the state, a per- 
manent abode is necessary, and residence in the town or district for sixty daj s immediately 
preceding the election. 

(1) NoT3. It ',vill be observed that the polls of election, only ean be closed at four o'clock •, 
the town meeting can not be adjourned until six o'clock. 



2 M>r7n of Proclamatio7i of opening Polls at Town Meeting. 
Hear ye : hear ye : hear ye : the polls for the election of officers at this 



meeting are now opened, pursuant to law. 



ART. 5.] CONDUCTING TOWN MEETINGS. 33 

§ 16. The supervisor, town clerk, assessor, overseer of the Mode of choosing 
poor, collector, commissioners of highways, constables, and justices By 'ballot 
of the peace, shall be chosen by ballot. All other ofHcers shall be 
chosen, either by ballot, by yeas and nays, or by dividing the elec- 
tors, as the electors of the meeting may determine. When the 
electors vote by ballot all the officers voted for shall be named in J^^^J P[^g''''*^°^ 
one ballot ; which shall contain written or printed, or partly writ- 
ten and partly printed, the names of the persons voted for, and the 
offices to which such persons are intended to be chosen, and shall 
be delivered to the presiding officer, so folded as to conceal the 
contents.^ 

§ 17. When the election is by ballot a poll list shall be kept Pou list, 
by the clerk of the meeting, on which shall be entered the name 
of each person whose vote shall be received.^ 

§ 18. When the election is by ballot the presiding officer shall g^^posit of ballots 
deposit the ballots in a box provided for that purpose. 

§ 19. If any moderator shall at any town meetino^, before the Moderator not to 

1, •I,"', . "^ ., °, -J read or expose 

poll is closed, read or examme, or permit any person to read or ballot. 
examine the names on any voter's ballot, with the view of ascer- 
taining any candidate voted for by him, such moderator shall for- 
feit, to the use of the town, the sum of twenty -five dollars. 

§ 20. At the close of every election by ballot the presiding Canvassing of the 

. . votes. 

K the voters present shall vote to adjourn from twelve till one o'clock, proclamation must 
ba made of such adjournment and of the opening again after such adjournment. 

Form of Proclamation of adjournment of Polls. 
Hear ye : hear ye : hear ye : the polls for the election of officers at this 
meeting vrill stand adjourned till one o'clock this afternoon. 

Form of opening Polls after adjournment. 
Hear ye : hear ye : hear ye : the polls for the election of officers at this 
meeting are now opened pursuant to adjournment. 

Note. Although the law does not seem to require it, yet it would be well for the clerk to 
make pi-oclamation of tlie closing of the polls thirty minutes before closing the same, as is 
required by law at general and other elections. The foregoing fonns given can be varied to 
suit the occasion of giving notice of the closing of the polls. 

(1) If a ballot contains the names of more persons for any office, than there are candidates 
to be elected, such part of the ticket can not be cotinted for either of them, but must be 
rejected. Sess. L.l%iQ^lst sess.^p. IZ. People v. Loojnis^S Wend., 396. But it can not be 
rejected as to other candidates regularly named on the ballot. Carpenter v. Ely., 4 Wisconsin 
R., 420. 

But no vote should bo rejected for want of form, if it can be determined therefrom, satis- 
factorily, the persons voted for, and the office whicli the voter intended to fill. See "Bleo 
Tions," Div. II., post, act approved Feb. 12, 1849, § 13. 

2 Form of Poll List kept at Town Meeti7ig. 

Poll list kept by the clerk, at town meeting held at in the town of 

Ontario, and county of Knox, on the — day of , A. D. 18 — , on which 

is entered the name of each person voting at said town meeting. 



No. 


Names. 


No. 


Names. 


1 

2 


James Ha^nmondy 
E. Hollister, 


3 
4 


8. Chapman, 
J. W. Crane. 



Total number of ballots, 4. 

James Jackson, Moderator. 
Attest, Whf. J. Savage, Town Clerk. 

3 



34 



GENERAL PROVISIONS. 



[div. 1. 



Canyass how 
conducted. 



officer shall proceed publicly to canvass the votes ; which canvass, 
when commenced, shall be continued without adjournment or inter- 
ruption until the same be completed. 

§ 21. The canvass shall be conducted by taking a ballot at a time 
from the ballot box and continue counting until the number of bal- 
lots are equal to the number of names on the poll list, and if there 
shall be any left in the box they shall be immediately destroyed ; 
and such persons as shall have the greatest number of votes shall be 
declared to be elected. If on opening the ballots two or more 
ballots shall be found to be. so folded that it shall be apparent that 
the same person voted them, the presiding officer shall destroy such 
votes immediately. 

§ 22. The canvass being completed, a statement of the result 



statement of re- 



sult to be entered shall be entered at length, by the clerk of the meeting, in the min- 
^ ^ ^^ ■ utes of its proceedings, to be kept by him, as before required, 



Publicly read 



Tie Yote. 
1861. 



Notice. 



which shall be publicly read by him to the meeting ; and such 
reading shall be deemed notice of the result of the election to every 
person whose name shall be entered on the poll list as a voter.' 
In case two or more persons shall have an equal number of votes 
for the same office the question, of which shall be entitled to the 
office, shall be decided between such persons, by lot, under the 
direction of the town clerk ; but he shall give each party notice of 
the time and place of drawing lots.^ 

1 Form of Statement of result of Canvasn to be entered by Clerk in Minutes of 

3Ieeting. 

The following is a statement of the result of the canvass of votes by bal- 
lot, for the election of officers at the annual town meeting in the town of 
Richmond^ in the county of McHenry^ state of Ilhnois, A. D. 18 — , as pub- 
licly canvassed by the presiding officer at said meeting : 

Alfred P. WelU had one hujidred votes for supervisor. 

Heman Gibbs had seventy-five votes for supervisor. 

Orrin Hobart had one hundred votes for town c^rk. 

{And so on, giving a statement of the votes cast for each person.) 

^ Form of Notice by Town Clerk., of drawing lots in case of a tie vote between 

candidates. 

To Joseph Slocum . 

Sir — You having received at the late town meeting an equal number of 
votes with David Kemp, for the ofuce of supervisor of the town of Brimfield^ 
are hereby notified that the question of which of you is entitled to said office, 

will be decided by lot at my office in said town, on the — day of , A. D. 

18 — , at the hour of ten o'clock in i\\Q Jorenoon ; that should you fail to 
appear at such time and place, the matter will be decided in your absence. 

Dated at Brimfield, this — day of , A. D. IS — . 

Joseph Blanciiard, Town Clerk. 



Note. iVhere the candidates are present at the announcement of the tie vote, at town 
meeting, verbal notice may be given them by the clerk, informally, and the drawing lots take 
place at once. No method of proceeding is prescribed in deciding the question between can- 
didates, but the drawing is under the direction of the town clerk ; he will therefore direct the 
manner in which to proceed. It would be well for him to adopt the course prescribed in 
deciding the term of office of commissioners at the first election. See Article Eighteenth, 
sections 8 and 9, post. He may prepare two pieces of paper, on one may be written the title 
or name of the office in question, leaving the other blank ; then fold each ahke and place 
them in a box, from which let the candidates draw ; the person drawing the paper containing 
the name of the office, to be entitled to it, and declared duly elected, la case the candidates. 



ART. 6.] TOWN OFFICERS. 35 

§ 23. The clerk of every town meeting, within ten days there- Notice to person 
after, shall transmit to each person elected to any town office, whose ®^^*^'^- 
name shall not have been entered on the poll list as a voter, a 
notice of his election.' 

§ 2-1. The town clerk shall file in the office of the clerk of the ^stot town offi- 
county court a list of the names of all town officers elected at the S county^ 
annual town meeting, within twenty days after such election shall f^^- 
be held. 

ARTICLE SIXTH. 

OF QUALIFICATION AND TENURE OF OFFICE. 

§ 1. No person shall be ehgible to any town office, unless he Eligibility to 
shall have been one year a resident of such town.^ town office. 

§ 2. Every person chosen or appointed to the office of super- oath of office, 
visor, town clerk, assessor, overseer of the poor, commissioner of i^ei. 
highways, or collector, before he enters upon the duties of his 
office and within ten days after he shall be notified of his election 
or appointment, shall take and subscribe, before some justice of the J^^fore justice of 
peace, such oath or affirmation of office as is prescribed by law.^ ^^^^' 

§ 3. Such person shall, within eight days thereafter, cause Oath to be filed. 
such certificate to be filed in the office of town clerk. 

or either of them, foil to attend I'.pon being notified, then the clerk can select some qualified 
elector to draw for the absent candidate. 

It is proper that some record or memorandum should be made, by the town clerk, of the 
manner of disposing of the question of a tie vote between candidates, that the records of the 
town may always show who are elected officers. It would therefore be well for the clerk to 
add a memorandum at the close of the minutes of proceechngs of the meeting, after the sig- 
natures of himself and the presiding officer, in the following form : 

Form, of Memorandum of decision of tie vote hetmeen Candidates. 

At the annual town meeting in the town of , in the year 18 — , A. B. 

and C. D. having had an equal number of votes for the office of , the 

question of which should be entitled to said office was, on the — day of , 

IS — , duly decided between them by lot, and it was decided that the said 
A. B. should be entitled to said office. E. F., Town Clerk. 

^Form of Notice hy Town Clerk to amj person elected to any town office, whose 
name is not on the Poll List. 
To Gould G. Norton, Esq., of the town of Scott, in the county of Ogle : 
You are hereby notified that at the annual town meeting, {or special, as 

the case may be,) held in said town, at , on the — day of , A. D. 

18—, you were duly elected to the office of supervisor. 

Given under my hand at Scott, this — day of , A. D. 18 . 

0. W. ISToRTON, Town Clerk. 

(2) Town officers must be inhabitants of the town in which they are chosen, and they cease 
TO De Officers when they cease to be inhabitants.— Sane v. Greenwich, 1 Pick., 129. 

^Form of Oath to he taken and subscribed by town officer. 
State of Illinois, " 

Lake County. 
}: ?' ^' {''.f'^^'^' do 'solemnly swear (or affirm) that T will support the con- 
stitution of the United States and of the state of Illinois, and that I will 
according to the best. of my judgment, skill and ability, diligently, faithfully, 
and impartially perform all the duties enjoined on me as {here insert the title o> 
th^ office) for the town of Antioch, iu the county of Lake, and state of 



by supervisor. 



36 GENERAL PROVISIONS. [div. 1. 

Neglect to take s 4. If aux per.-oii cliosen or appointed to either or any of the 

oatu, a refusal to ,,, ,' ^ ^ i i ii ^ ^ , , i t , 

6er>-e. towii 01J1CC3 aoovc ciuimerated shall neglect to take and subscribe 

such oath and cause the certiiicate thereof to be filed, as above re- 
quired, such neglect shall be deemed a refusal to serve. 
Notice of accept- § 0. Evciy pcrsoii choscii or appointed to the office of over- 
ance to e ed. ^^^^ ^^ highways or pound master, before he enter on the duties of 
his office and within ten days after he shall have been notified of 
his election or appointment, shall cause to be filed in the office of 
town clerk a notice, signifying his acceptance of such office. A 
Effect of nesiect. neglcct to cause such notice to be filed shall be a refusal to serve.* 
CoHector's bond. § 6. Every person chosen or appointed to the office of collect- 
or, before he enters upon the duties of his office and withm eight 
days after he receives notice of the amount of taxes to be collected 
by him, shall execute to the supervisor of the town, and his suc- 
cessor in office, and lodge with him a bond, with one or more secu- 
To be approfved pities, to be approved by such supervisor, in double the amount of 
such taxes, conditioned for the faithful execution of his duties as 
such collector.^ 

I do solemnly swear (or affirm as the case may he) that I have not fought 
a duel, nor sent or accepted a challenge to fight a duel, the probable issue 
of which might have been the death of either party, nor been a second to 
ither party, nor in any manner aided or assisted in such duel, nor been 
vuowingly the bearer of such challenge or acceptance since the adoption of 
the constitution; and that I will not be so engaged or concerned directly or 
indirectly, in or about any such duel during my continuance in office, so 
help me God. E. S. Ingalls. 

Taiven and subscribed before me, this ) 

—day of , A. D., 18—. ] 

R. B. Simmons, Justice of the Peace. 

Note.— sEor oath of assessor, see act approvcdFcb. 12, 1853, §^5,po5i. Also Const., Art. 3, § 30. 

Supervisors are required, Sec Art. 14, Sec. 4j to lay before the board of supervisors 
at their first meeting after the annual town election, certificates of their election ; each su- 
pervisor \nll, therefore, after his qualification be entitled to a certificate of his election, which 
should be issued by the tovvn clerk, and may bo in the following fonn. 

Form of Supervisor's certificate of election. 
Stephenson County, ) 

Town of Freeport, \ ' 

I, Joli.n Geigar, town clerk of said town of Freejjori, do hereby certify 

that at the annual town meeting in said town, on the — day of , A. D., 

18 — , W. IT. Rhodes was duly elected supervisor of said town, (w, was on 

the — day of , A. D., 18 — , duly appointed, &c.,) that he has been duly 

qualified as such by taking the oath of office and giving bond as required 
by law. 

In witness whereof, I have hereunto set my hand this — day of , A. D., 

18 — . John Geigar, Town Clerk. 

• '^Form, of Notice of acceptance of Overseer of highways or pound master. 
To S. L. Emery ^ town clerk of the town of Avon: 

Sir: — Having been elected (or appointed) overseer of highways for district 
^0. — , in said town, {or pound master for said town as the case may be) on the 

— day of , A. D., 18 — , I hereby notify you that I accept the office. 

Witness my hand, this — day of , A. D, 18 — . 

Churchill Edwards. 

"^Form of Collector's Bond. 
Know all men by these presents, that we, William Joiner^ of the town of 



ART. 6.] TOWN OFFICERS. 37 

§ 7, The supervisor shall, within six days thereafter, file such Bond to be mea 
bond with his approval indorsed thereon, in the office of the re- ^"^ 
corder, who shall make an entry thereof in a book to be provided 
for the purpose, m the same manner in which judgments are re- 
corded; and every such bond shall be a hen on all the real estate, 
severally, of such collector, within the county at the time of the ShaUbeaiienoa 
filino- thereof, and shall continue to be such lien until its conditions, p^^p^^^^- 
together with all costs and charges which may accrue by the pros- 
ecution thereof, shall be fully satisfied ; and all actions against the 
sureties on any collector's bond shall be commenced within two Limitation of ac- 
years from the date of the execution thereof, and not afterwards : tio^^s on. 
provided, that actions upon existing bonds shall be commenced 1861. 
within six months from the date of the passage of this act and not 
afterwards.^ 

§ 8. In any to"\vn in which there shall be no town supervisor, Collector's bond 
the collector of the town may make his official bond to the clerk ^o^^^ty^Jerk.**^ 
of the county court of the county in which said town may be 1857. 
situated. 

§ 9. Every person chosen or appointed to the office of consta- Constable's oath 
ble, before he enters upon the duties of his office, and within eight -^g^-^ 
days after he shall be notified of his election or appointment, shall 
take and subscribe, before some justice of the peace of the county, 

jPine Creek, in the county of Ogle, in the state of Illinois, as principal, and 
Jokti W. Price and David F. Miller, of the said county and state, as sureties, 
are held and firmly bound unto >S. Ruggles, supervisor of said town of Pine 
Cree^', and to his successor in office, in the penal sum of [double the amount 
of taxes) for the payment of which, well and truly to be made, we bind our- 
selves, our heirs, or executors and administrators, firmly by these presents. 
Sealed with our seals, and dated this — day of , A. D. 18 — . 

The condition of the above obligation is such, that, whereas, the above 
bounden William Joiner has been elected {or appointed) collector for the 
said town of Pine Creek for the current year, and has accepted the office, 
and is about taking upon himself the discharge of his duties. 

Now therefore, if the said William Joiner shall, as such collector, faith- 
fully collect, account for, and pay over all taxes which he should be legally 
required to collect, and also shall with diligence and fidelity execute and dis- 
charge all his duties as such collector, then the above obligation to be void, 
otherwise to remain in full force and effect. 



Wm. Joiner, 
John W. Price, 
David F. Miller, 



SEAL. 
SEAL. 
SEAL. 



It has been held in the state of New York, under a like provision of law, that the succes- 
sor of a supervisor who has taken a collector's bond under the statute, may sue upon it in 
his own name. — Jansaii y. Ostrander, 1 Cow., 670. 

Form of Supervisor'' s approval to he endorsed upon Collector's bond. 
I hereby approve the within bond. 

Witness my hand this — day of , A. D. 18 — . 

S. RUGGLES, 

Supervisor of the town of Pi7ie Creek. 

(1) No recovery can be had on a town collector's bond until after a warrant has been issued to 
the sheriff requiring the delinquent sum to be levied on the property of the collector. — 
2Iarks v. Butler, 24 Ills., 567. 



38 GENERAL PROVISIONS. [dIV. 1, 

Constable bond, the oatli of office prescribed by law, and shall execute, in the pres- 
ence of the supervisor or town clerk of the town, with one or jnore 
Approval. sureties, to be approved of by such supervisor or town clerk an 

instrument, in writing, [in] which such constable and his sureties 
shall jointly and severally agree to pay to each and every person 
w4io may be entitled thereto, all such sums of money as the said 
-Condition. constable may become liable to pay on account of any executions 

jggj which shall be dehvered to him lor collection by virtue of his office, 

and all such damages as each and every person may sustain by 
reason of any malfeasance, misfeasance or nonperformance of duty 
on the part of said constable.^ 
Approval to be § 10. The supervisor or town clcrk shall, if approved, indorse 
indorsed. g^^^.|^ approval on such instrument, which shall be his approval of 

the sureties therein named, and then shall cause the same to be 
Bond to be filed. ^^^^ ^^^ ^^^ office of the town clerk ; and a copy of such instrument. 
Copy evidence. Certified by the town clerk, shall be presumptive evidence in all 
courts of the execution thereof by such constable and his sureties. 
Limitation of ac- § H. All actions against a constable or his sureties upon such 
steble's bond^^^" instrument shall be prosecuted within two years after the expira- 
1861. tion of the term for which the constable named therein shall have 

been elected or appointed. 

'^Form of Constable's Oath of office. 
State of Illinois, 



Lake County, f ^^• 

I, Parnell Munson, do solemnly swear {or affirm) that I will support the 
constitution of the United States and of the state of IlUnois, and that I will 
faithfully perform the duties of the office of constable within and for the 
county of Lake, in the state of Illinois, according to law and to the best of 
my understanding. 

I do solemnly swear (07- affinn as the case may be) that I have not fought a 
duel nor sent or accepted a challenge to fight a duel, the probable issue of 
which might have been the death of either party, nor been a second to cither 
party, nor in any manner aided or assisted in such duel, nor been knowingly 
the bearer of such challenge or acceptance since the adoption of the consti- 
tution ; and that I will not be so engaged or concerned directly or indirectly, 
in or about any such duel during my continuance in office, so help me God. 

Parnell Munson. 
Taken and subscribed before me, this 

_ day of , A. D., 18—. 

Isaac L. Clark, Justice of the Peace. 

Note. The foregoing is the form of oath of office of constable as prescribed by law, which 
is gathered from the State Constitution, Art. III. § 30, and Art. XIII, § 26, and Revised 
Statutes, chapter 59, § 9. 

Form of Instrument to be executed by Constable and sureties for ■performance 

of duties. 

Whereas, the undersigned Frederick Miller, was, on the — day of , 

A. D., 18 — , duly elected {or appointed) a constable for the town of Compton, 
in the county of Kane, and state of Illinois, and has accepted of said office 
and is about to enter upon the performance of the duties thereof. 

Now therefore, know all men by these presents, that we, the said Freder- 
ick Miller as principal, and Spaidding Eddy and S. S. Chaffy as his sureties, 
jointly and severally agree to pay to each and every person Avho may be enti- 
tled thereto, all such sums of money as the said constable may become liable 



ART. 



G.] TOWN OFBICERS. 39 



§ 12. If any person chosen or appointed to the office of col- Negect^^ of j^- 
lector or constable, shall not give such seciiritj and take such oath bie to serve, 
as is required above, within the time limited for that purpose, such 
neglect shall be deemed a refusal to serve. 

§ 13. If any person chosen or appointed to the office of super- Forfeiture for re- 
visor, town clerk, assessor, commissioners of highways, or overseer "^ ^ ^^^®* 
of the poor, shall refuse to serve, he shall forfeit to the town the 
sum of twenty-five dollars.^ 

§ 14. If any person chosen or appointed to the office of over-gj^,g_ 
seer of highways or pound master shall refuse to serve, he shall 
forfeit to the town ten dollars. 

§ 15. If any town officer, who is required by law to take the intrusion into 
oath of office, shall enter upon the duties of his office before he 
shall have taken such oath, he shall forfeit to the town the sum of Penalty, 
fifty dollars. 

§ 16. Town officers, except justices of the peace and consta- Term of office. 
,bles, shall hold their office for one year and until others are chosen 
or appointed in their places and are qualified. The justices of the 
peace and constables shall hold their offices for four years or until 
others are chosen and qualified. 

§ 17. Whenever the term of any supervisor, toAvn clerk, com- Successor to de- 

. . i- 1 • 1 n A in • 1 Bfiand books and 

missioner ot highways, or overseer of the poor shall expn-e, and papers, 
other persons shall be elected or appointed to such office, it shall 
be the duty of such successor or successors, immediately after he 
or they shall have entered on the duties of the ofhce, to demand 
of his or tlieir predecessor all the books and papers under his or 
their control, belonging to such olfice. 

to pay on account of any executions which sliall be delivei^ed to hhn for col- 
leciiou by vivluc of his office, and all such damages as each and every person 
niav susiaiu by reason of any njalfeasance, misfeasance, or non-perforniaacc 
of duty on the part of said constable. 
Executed in the presence of 
J. W. Skaton, 
Supervisor of the town of Comjjton. Erederick Miller, [seal. 

Spaulding Eddy, [seal._ 
S. S. Chaffy, [seal.' 

Form of Supervisor's {or tojmi clerk) approval to he endorsed upon instrument 
of Constable and sureties. 
I hereby approve the within instrument and the sureties therein named. 

Witness my hand this — day of , A. D. 18 — . 

J. W. Seaton, 
Supervisor of the town of Compton. 

No particular foma for a constable's bond feems to be necessary ; it %vill be sufficient if it 
contaiu the substtince of the statute. It may be la the form of an agreement or in that of a 
bond, and unnecessary recit<ils mIM not A'itiate it, bat will be mere surplussage. Neither the 
constable nor his sureties can object that it ii not under seal, nor that the sureties had not 
been approved by the town clerk or supervisor.— S/.e/^njgfT v. Yanfles^ 12 Wend., 305 

(1) A person who has been chosen or appointed to a town office, and neglects or refuses to 
serve, whereby he incurs the penalty imposed by law, he cannot be again chosen or appointed 
Wuekr'A\lfmr''l^ ^° "" "^''"'''^ ^^''''^^^ ^"^ *^^ "'^'^^'^ ^'"^""^^^ *° ^^^—HayLod v. 

^i^'^'^'^ ^^""^ an action for the penalty here imposed will not lie except where the to^^^l 
proceed to a r.cw election. That merely neglecting to file notice of the acceptance with the 

Heratn-f H wn'"^"'"*',*.^' °^^^^' ?^''.^^ ^"^^ ^^^^"^ t° ''^'^^'^ t'^« performance of the dS 
{co2 -^^^ ^^"^ "" "'"'^ election, then to exact the penalty.- iT7mi.^ar v. Rue, 



40 GENERAL PROVISIONS. [DIV. 1. 

Demand upon § 18. Whenever either of the officers above named shall re- 

persou haying gj^-j-^ qj, ([^q office becomc vacant, in any way, and another person 

charge of books. ,^ „ , , -, • x i • i • ^ i ^i i ^ , 

shall be elected or appointed m ms stead, the person so elected or 
appointed shall make such demand of his predecessor [or] of any 
person having charge of such books and papers. 
Delivery of rec- § 19. It shall be the duty of every person, so going out of 
papereorfoath*^ officc, whenever thereto required, pursuant to the foregoing provi- 
sions, to deliver, upon oath, all the records, books and papers in 
his possession or in his control, belonging to the office held by him ; 
which oath may be administered by the officer to whom such 
Pay over money delivery shall be made. It shall also be the duty of every super- 
to successor. visor, commissioner of the highways, and overseer of the poor, so 
going out of office, at the same time to pay over to such successor 
the balance of moneys remaining in his hands, as ascertained by 
the auditors of town accounts.^ 
Tte death of per- § 20. Upon the death of any of the officers enumerated the 
sons m office. succcssor of sucli officcr sliall make such demand, as above pro- 
vided, of the executors or administrators of such deceased officer; 
Duty of executors and it shall be the duty of such executors or administrators to 
oT^dministra- jgiiygi,^ ypoy ^he like oath, all records, books and papers, in their 
possession or under their control, belonging to the office held by 
their testator or intestate. 

ARTICLE SEVENTH. 

VACANCIES IN TOWN OFFICES AND THE MANNER OF FILLING 

THEM. 

Vacancies in town § 1. Wlicnever any town shall fail to elect the proper number 

office. q£ town officers, to which such town may be entitled b}^ law, or 

when any person elected to any town office shall fail to qualify as 

such, or whenever any vacancy shall happen in any town office, 

from death, resignation, removal from the town, or other cause, it 

shall be lawful for the justices of the peace of the town, together 

with the supervisor and town clerk, to fill the vacancy or vacancies 

mnner of filling occasioucd or occurring in consequence of either or any of the 

Warrant of ap- causcs abovc Specified, by appointment, by warrant, under their 

pointment. hands and seals; and the persons so aj^pointed shall hold their 

respective offices during the unexpired term of the persons in 

whose stead they have been appointed and until others are chosen 

or appointed in their places, and shall have the same i)Owers and 

be subject to the same duties and penalties as if they had been 

duly chosen by the electors.^ 

'^Form of Oath to he administered to Supervisor and otlier town officers on 
going out of office. 

You do solemnly swear (orafSrm) that you have delivered to A. B. {name 
of successor in office) all the records, books and papers in your possession or 

in your control, belonging to the office of supervisor for the town of , 

so help you God. 

"" (2) After the appointment of any person to a town office to fill a vacancy, the electors can- 

not hold a special town meeting and fill such vacancy by election ; the person appointed will 



ART. T.] VACANCIES IN TOWN OFFICES. 41 

§ 2. Whenever a vacancy shall occur, from any cause, in any Appointment to 

•^ -,„ i-iA ••'.' ''fill vacancy in 

or either of the offices enumerated m the loregomg section as com- appointing 

posing the board of appointment for the appointing of town officers, ^^^^^' 

in case of vacancy, it shall be lawful for the remaining officers of 

such appointing board to fill any vacancy or vacancies thus occur- 

ing, except in cases of vacancy in the office of justice of the peace, Justices shau be 

which shall be filled only by election. fi^^^^' 

§ 3. When any appointment shall be made, as provided in the Warrant to ' 
two preceding sections, the officers making the same shall cause the ^^^' 
warrant of appointment to be forthwith filed in the office of the j^r^^ice of ai 
town clerk, who shall forthwith give notice to each person appointed, pointment. 

§ 4. The justices of the peace of a town may, for sufficient Resignatioi 
cause sho^vn to them, accept the resignation of any town officer of Jj.^^*^^,^^ ™ 
their town ; and whenever they shall accept any such resignation 18G1. " 
they shall forthwith give such notice thereof to the town clerk of 
the town: provided, that in towns having more than two justices 
of the peace such resignation may be accepted by any two of them.* 

hold over until the expiration of the time for which his predecessor was elected. — People v. 
Van Home, 18 Wend., 515. 

Form of warrant of appointment hy Justices of the Peace, Supervisoi' and 
Town Clerk, to fill vacancy. 
To Roht. Hasson, Esq., of the town of Pleasant Valley, in the county of 
Jo Daviess, and state of Illinois, greeting: 

Whereas, at the annual town meeting of said town, held on the — day of 
April, A. D. 18 — , said town neglected to choose a {here insert the title of the 
office vacant) for the current year, {or as the case may be,) whereby said office 
has become vacant. 

Therefore, we reposing full confidence in your integrity and ability, have 
appointed and do hereby appoint you a {here insert the title of the office) for 
said town, to hold said office until some other person shall be chosen or 
appointed in your stead ; and you will have the same powers, and be subject 
to the same duties and penalties as if you had been duly chosen by the 
electors of said town. 

In witness whereof, we have hereunto subscribed our names and affixed 

our seals at Pleasant Valley, this — day of , A. D. IS — , 

James Parkinson, Justice of the Peace. [seal. 
Wm. S. Williams, Justice of the Peace. seal, 
John Crummer, Supervisor. seal. 

Thos. W. Glasspoole, Town Clerk. [seal. 

Form of notice hy Town Clerk to one appointed to fill vacancy. 

To Roht. Hasson, Esq., of the town of Pleasant Valley, in the county of 
Jo Daviess, and state of Illinois: 

You are hereby notified that on the — day of , A. D. 18 — , James 

Parkinson, William S. Willia7ns, John Crummer, and Thomas W. GlasS' 
poole, justices of the peace, supervisor and town clerk of said town, by their 
warrant of that date under their hands and seals, appointed you to the office 
of {here insert the title of the office) for said town, which warrant has been 
duly filed in my office. 

Given under my hand this — day of , A. D. 18 — . 

Thos. W. Glasspoole, Town Clerk. 

"^Form of resignation of Town Officer. 
To Galen Bar stow and G. F. Norton, Esqs., justices of the peace of the 
town of Lisbon., in the county of Kendall^ and state of Illinois: 



42 



GENERAL DIVISIONS. 



[DIV. 1, 



Supervisor to 

receive all 

monejs. 

To give bond. 

1861. 



Suit upon. 



Supervisor to 
prosecute for 
penalties. 



ARTICLE EIGHTH. 

OF SUPERVISOR AND HIS DUTIES.* 

§ 1. The supervisor of each town shall receive and pay over 
all moneys raised therein for defraying town charges, except those 
raised for the support of highways and bridges. Said supervisor 
shall give bond to the town, with one or more sureties, conditioned 
for the faithful discharge of his duties in relation to the town 
revenue — such bond to be approved by the town clerk and filed in 
his office, with such approval indorsed thereon.^ Whenever the 
town clerk shall ascertain that such bond has been forfeited he 
shall institute suit, in the name and for the use of the inhabitants 
of the town, against such supervisor. 

§ 2. He shall prosecute, in the name of his town or otherwise, 
as may be necessary, for all penalties of fifty dollars and under, 
given by law to such town, or for its use, and for which no other 
officer is specially directed to prosecute. Aiid no person shall be 

By reason of [here state the cause of resignation) I hereby resign the office 
of commissioner of higiiways for said town, {or as the case may he) and 
respectfully ask that you may accept my resignation. 

John Boyer. 

Dated at Lisbon^ this — day of , A. D. 18 — . 

We, the undersigned, justices of the peace of the said town of Lisbon^ 
being satisfied of the sufficiency of the case shown above, do accept of the 
resignation of the said Jolm Boyer. 

Witness our hands this — day of , 18 — , 

^G^Y^^onol^^^ \ Justices of the Peace. 

^Form of Stcpervisor^s bond. 
Know all men by these presents, that we, John Gage^ of the town of Avon^ 
in the county of Lake, and state of Illinois, as principal, and George A. 
Driiry, and John Fay, of tlie said county and state, as sureties, are held 
and firmly bound unto the said town of Avon, for the use of the inhabitants 
of said town, in the sum of {here insert such amount as the tow7i clerk may 
think proper,) for the payment of which well and truly to be made, we bind 
ourseh^es, our heirs, executors and administrators, and each of tliem, jointly, 
severally and firmly by these presents. Sealed with our seals, and dated 

this — day of A. D. 18—. 

The condition of the above obligation is such, that whereas, the above 
bounden John Gage has been chosen supervisor of the said town of Avon 
for the current year. Now, therefore, if the said John Gage shall faithfully 
discharge all the duties of his said office required of him by law, in relation , 
to the town revenue, then the above obligation to be void and of no effect, 
Otherwise to remain in full force and effect. 

John Gage, [seal. 

Geo. a. Drury, [seal. 

John Fay, [seal. 

Form of Clerk'' s approval to be endorsed on Supervisor s bond. 

I approve the within bond, this — day of A. D. 18 — . 

Stephen W. Martin, Town Clerk. 



*3ee Board of Health Act, Appendix, p. 271. 



AP.T. 8.] 



OF SUPERTISOR. 



43 



di -qualified from being a witnes.s or juror in such suit by reason witnesses and 
of Jiis being an inhabitant of said town/ juror*. 

§ 3. He shall keep a just and true account of the receipts and Account of re- 
ex[)enditure3 of all moneys which shall come into his hands, by peiditu^es^''' 
virtue of his office, in a book to be provided for that purpose at 
the expense of the town ; and said books to be delivered to his 
successors in office.^ 

§ 4. On Tuesday preceding the annual town meeting he shall Accounting -vnth 
account with the justices of the peace and town clerk of the town, ^^^J^^^^'^^^- 
or a majority of them, for the disbursement of all moneys received 
by him in his official capacity. 

§ 5. At every such accounting the justices and town clerk, or Certificate to be 
a majority of them, shall enter a certificate in the supervisor's ®'^*^^®'^' 
office book of accounts, showing the state of his accounts at the 
date of the certificate.^ 

§ 6. The supervisor of each town shall attend the annual meet- Attend meGtin?;s 
ing of the board of supervisors of the county and at every ad- ^^ ^^^ board. 
journed or special meeting of said board of which he shall have 
notice. 

§ 7. He shall receive all accounts which may be presented to Accoiints against 
him against the town, and shall lay them before the board of town *^® *°^™- 
auditors, at or before their annual meeting. 

(1) A supervisor of a town in discharging his duties as such, acts not in his natural, but 
in his o.Ticial capacity ; and is pro tanto a corporation. He has capacity of suing and being 
sued so far as his trust is concerned. 

The right to sue is incident to his offire, and passes to his successor. 

If, in a suit brought by or against a supervisor as such, lie faUs in his action, execution, 
goes against him personall}', and his remedy is against the town. So held in New York. — 
Jansen v. Ostrander^ 1 Coiv.^ 670. 

'^Form of keeping Supervisor's book. 
M. L. Dunlap^ supervisor of the town of Leyden^ in account with said town. 
Dr. Cr. 



BATE. 




DOLLS. 


CTS. 


DATE. 




DOLLS. 


CTS. 


1855 
Feb'y 1 


Toam'trec'd of col- 
lector of the to-wn. 


150 


50 


1855 
Jau'y 1 

April 1 


By am't paid for su- 
pervisor's book 

" am't paid Freder- 
ick Brooks, for 
services as to\\-n 
auditor. 


1 

1 





^Form of Certificate of Justices of. the Peace and Town Clerk, to be entered in 

Supervisor'' s book upon examination of his accounts. 
Cook County, 
Town of Lei/den, 

We, the undersigned, the justices of the peace and town clerk of the said 
town of Leyden do hereby certify that we have this day examined the fore- 
going account {the certificate being entered at the close of the account at every 
such accounting) of M. L. Dunlap, supervisor of said town, and that we find 
the same in all respects correct and true, and that there appears at this date 

to be a balance of dollars and cents in the hands of said 

supervisor. 



Witness our hands tliis 



day of March, A. D. 18—, 
W. Drapkr. 



Henry Lovett, 



Justices of the Peace. 



Frederick Brooks, Town Clerk. 



44 



GENERAL PROVISIONS. 



[diy. 1. 



Copies of entries. 



Neglect of duty. 



Forfeiture. 



Assistant super- 
visors. Powers 
and duties. 
1861. 



§ 8. He shall lay before the board of supervisors such copies 
of entries concerning moneys to be raised in his town as shall be 
delivered to him by the town clerk. 

§ 9. If any supervisor shall refuse or shall willfully neglect to 
perform any of the duties of his office, contained in the preceding 
section, he shall forfeit to the town the sum of fifty dollars, and be 
disqualified to act as the supervisor of said town. 

§ 10. Assistant supervisors and supervisors of wards in cities 
shall have no powers or duties as town officers, but shall be mem- 
bers of the board of supervisors of their respective counties, and 
shall have, possess and enjoy all the rights, powers and privileges 
of such members. 

AETICLE NINTH. 



Clerks have cus- 
tody of records. 



Shall transcribe 
minutes. 



To deliver copies 
of entries of votes 
for raising 
money. 



To return names 
of justices and 
constables. 
1S61. 



Penalty for neg- 
lect. 



OF TOWN CLERK AND HIS DUTIES.* 

§ 1. The town clerk of each to^vn in this state shall have the 
custody of all records, books and papers of the town, and he shall 
duly file all certificates of oaths and other papers required by law 
to be filed in his ofiice.^ 

§ 2. lie shall transcribe in the book of records of his town the 
minutes of the proceedings of every town meeting held therein, 
and he shall enter in his book every order or direction and all 
rules and regulations by any such town meeting. 

§ 3. He shall deliver to the supervisor, before the annual 
meeting of the board of supervisors of the county, in each year, 
certified copies of all entries of votes for raising money, made since 
the last meeting of the board of supervisors, and recorded the 
same in the town book.^ 

§ 4. The town clerk, immediately after the election of justice 
of the peace or the qualifying of any constable, elected or ap- 
pointed in their respective towns, shall return to the county clerk 
of their respective counties the names of such justices and con- 
stables. 

§ 5. If any town clerk shall willfully omit to make such return 

(1) It is competent for one chosen town clerk to make a record of his own election and 
ciualification. — Brisks v. Murdoch^ 13 Pick., 305. 

AYTien the town clerk files a paper in his office, he should make an entry thereof upon it, 
•with the date of fiUng in the following form : 

Form of entry of fling paper hy Town Clerk. 

'i'iled this —day of , A. D. 18—. 

John Jacksox, Town Clerk. 

^Forrn of Certificate of Town Clerk to accompany Books of Entries of Voters 

for raising Money., recorded in Town Book. 
Peoria County, ) 
Town of Peoria, \ ^^■ 

I do hereby certify, that the foregoing are true copies of entries of votes 
for raising money made since the last meeting of the board of supervisors, 
and recorded in the town book. 

Witness my hand this — day of , A. D. 18 — . 

"W. LoucKS, Town Clerk of said town. 
*See Board of Health Act, Appeudix, p. 271. 



ART. 10.] TOWN AUDITORS. 45 

such omission is hereby declared to be a misdemeanor, and, on con- 
viction thereof, the person so offending shall be adjudged to pay a 
fine, not exceeding ten dollars. t 

§ 6. Copies of all papers, duly filed in the office of the town Clerk's certificate 
clerk, and transcripts from the book of records, certified by him, dence!^^^' ^^" 
shall be evidence in all courts, in like manner as if the originals 
were produced.^ 

ARTICLE TENTH. 

OF THE BOARD OF AUDITORS OF TOWN ACCOUNTS.* 

§ 1. In each town the supervisor, town clerk and justices of Town auditors. 
the peace of the town shall constitute a board of auditors, to ex- 
amine the accounts of the overseers of the poor and the commis- fjfgo^^^g^^^^ °^ 
sioners of highways for such town, for moneys received and dis- 
bursed by them.^ 

§ 2. In case of the absence of any or either of said officers, vacancy fiUed 
or then- failure to attend any meeting of the board, those attend- ^^^^^^ °^ ^^" 
ing may associate with them the collector or assessor of the town, 1861. 
or both, in place of any absentee or absentees, as the case may be, 
who shall act, for the time being, as members of such board. 

§ 3. The board of auditors of town accounts shall meet at the Time of meetings 
town clerk's office, for the purpose of examining and auditing the ^itJ^g^ *^^™ ^^' 
town accounts, semi-annually, in their respective towns, on the 1854. 
Tuesday next preceding the annual meeting of the board of super- 
visors, and on the Tuesday next preceding the annual [town] meet- 
ing, and such other times as the interests of the town may require. 
• § 4. The accounts so audited and those rejected, if any, shall Accounts;audited 
be delivered, with the certificate of the auditors, or a majority of cierk^* ^ 
them, to the town clerk, to be by him kept on file, for the inspec- i^^l. 
tion of any of the inhabitants of the town. They shall also be 
produced by the town clerk at the next annual meeting and shall 
be there read by liim.^ 

^Form of Certificate of Town Clerk to copies of Papers and Records. 
La Salle County, ) 

Town of Vermillion, ) ' 

I, /. M. Leonard, town clerk of said town of Vermillion, do hereby cer- 
tify, that the foregoing [or within) is a true and correct copy of the orighial 
thereof on file in my office, {or is a true and correct transcript from the 
original book of records of said town, wherein is contained the entry or 
record of all such matters.) 

In witness whereof, I have hereunto set my hand and seal this — day of 

, A. D. 18—. 

J. M. Leonard, Town Clerk, [seal.] 

(2) When all tlie officers constituting the hoard of town auditors have met, a majority of 
them maj- decide upon questions coming before them, and their certificate will be valid 
although the supervisor has refused to sign it.— Onderdonk v. Supervisors, 1 HiU, 195. 

^Form of Certificate of Town Auditors, to be delivered with accou7its 
audited. 
Lee County, ) 

Town of Bradford, \ ^^' 
We, the undersigned, composing the board of town auditors of said town, 
*See Board of Health Act, Appendix, p. 272. 



46 



GENERAL PROVISIONS. 



[DIV. 1. 



Shall audit 
charges and 
claims. 



Accounts Terified 
by affidavit, 
■when required. 
1861. 



Shall make cer- 
tificate of their 
doings. 



§ 5. The board of auditors, compo.?ed of the same officers then 
in office^ shall at the same time and place as stated in section two, 
[three] examine a#l audit all charges and claims against their 
respective towns and the compensation of all town officers, except 
supervisors, for county services. 

§ 6. The board of auditors may require accounts presented to 
be verified by affidavit, setting forth that the same is correct and 
just and is unpaid, or, if any part thereof has been paid, setting 
forth how" much.^ 

§ 7. The said board shall make a certificate, to be signed by a 
majority of said board, specifying the nature of the claim or de- 
mand, and to w^hom the amount is allowed, and shall cause said 

do hereby certify, that we have this day examined the accounts of Samuel 
Crawford^ overseer of the poor, and of Edivin W. Starks, James Thomas 
and Ed^oin W. Pomeroij^ commissioners of highways for said town, pre- 
sented by them to us, for moneys received and disbursed by them ; and that 
we have audited and allowed to the said Samuel Crawford^ the sum of twenty 
dollars and j?/ify cents for his services and disbursements nece.ssarily made 
by him up to this date, in the execution of his duties as overseer of the 
poor, and that Ave find a balance of ten dollars and ffty cents to be due to 
him in said town. That we have audited and allowed to the said Edwin W. 

Starks, James Thomas and Edwin W. Pomeroy^ the sum of dollars and 

cents, each for tlieir services and disbursements necessarily made by 

them up to this date, in the execution of their duties as commissioners of 

highways, and that we find a balance of dollars and cents, in the 

hands of their treasurer, and due to the town. 

Witness our hands this — day of A. D. 18 — . 

Setii H, Wiiitmore, Supervisor. 

Thomas S. Hurlbut, Town Clerk. 

Timothy L. Minor. ) -r ,- r xi t> 

I--, -r> ' Y Justices of the reace. 

Llisha Fratt, ) 

It is held, Siipcrvisor\<< v. Ottoiva, 12 Ills., 4?0, that the hoard of superAisors in fiuch 
counties as have adopted township organization aic required to provide for the support of the 
paupers of the county, and tliat there is no foundation for a distinction between county and 
to^^-n paupers. The section of this act, therefore, providing for the account of OA-erseer of 
the poor will not apply except in those counties where by special enactment the to^vn sup- 
port their own poor. 

'^Form of Bill against town and Affidavit of correctness. 
Town of Elm Grove., 

To A. J. Davis, Dr. 
1861. April 8. To services as supervisor, one day, out of town 
in attending to prosecution of suit in favor of said town against C. 
D., pending in the Tazewell conntj circuit court, $1.50 

A. J. Davis. 
Stath of Illinois, 
Tazewell County, 

A. J. Davis being duly sworn doth depose and say, that the foregoing (or 
annexed) bill for one dollar aikI fifty cents by him rendered against the town 
of Elm Grove, in said county, for services rendered as therein stated, is cor- 
rect and just, and is unpaid. 

A. J. Davis. 
Subscribed and sworn to before me this 



John 



>ed and sworn to before me this ] 

day of , A. D. IS—. V 

Dillon, Justice of the Peace. ) 



Note. — Where any part of a bill has previously been allowed and paid, credit therefor 
should be given on the bill, and the fact stated in the affidavit. 



ART. 11.] COMPENSATION OF OFFICERS. 47 

certificate to be delivered to the town clerk of said town, to be by 

him kept on tile, for the inspection of any of tiie iniiabitants of 

said town ; and the aggregate amount shall .J3e delivered to the 

supervisor, to be by hmi laid before the board of supervisors, at 

their annual meeting. The board of supervisors shall cause the Amount to be 

amount of said charges to be levied upon the property of said rfj'^e read at 

town, and collected as other taxes are levied and collected. The towu meeting. 

claims and compensation audited and allowed shall be read to the 

electors, at the next annual [town] meeting, as directed in section 

four of this article.^ 

§ 8. The following shall be deemed town charges: Town charges. 

1st. The compensation of town officers, for services rendered 
their respective towns. 

2d. Contingent expenses, necessarily incurred, for the use and 
benefit of the town. 

3d. The moneys authorized to be raised by the vote of a town 
meeting, for any town purposes ; and, 

4th. Every sum directed by law to be raised for any town 
purposes. 

§ 9. The moneys necessary to defray the town charges of each Town charges to 
town shall be levied on the taxable property in such town, in the ^® ^^"*'^®'^' 
manner prescribed in the act for raising revenue and other moneys 
for state and county purposes and expenses. 

ARTICLE ELEVENTH. 

OP THE COMPENSATION OF TOWN OFFICERS. 

§ 1. The following town officers shall be entitled to compensa- 
tion, at the following rates for each day necessarily devoted by 
them to the service of the town, in the duties of their respective 
offices. 

§ 2. The town clerk, supervisor, overseer of the poor and com- compensation of 
missioners of hio^hways, shall receive for their services one dollar ^^'^^ °®^'^'^^- 

Town clerk 

and fifty cents per day, when attending to town business out of supervisor. 
town ; — one dollar for town business in their town : provided, that Overseers of poor, 
the town clerk shall receive fees for the following, and not a per Commissioners of 
diem: For serving notices of election upon town officers, as ^ ^^^^^' 
required by law, twenty -five cents each ; for filing any paper cierk's fees for 
required by law to be filed in his office, ten cents each ; for postino- services and 
up notices required by law, twenty-five cents each ; for recording mx^ 
any order or instrument of writing, authorized by law, six cents 
for each one hundred words ; for copying any record in his office 

'^Form of Certificate of Auditors allowing claims against a town with nature of 

demand, and to whom the amount is allowed. 
Lee County. ) • 

ss. 



Town of Bradford, 

We, the undersigned, composing the board of town auditors of the said 
town of Bradford, do hereby certify that the following is the nature of the 



48 GENERAL PROVISIONS. [dIV. 1. 

and certifying to the same, six cents for every one hundred words, 
to be paid by the person applying for the same ; for copying by- 
laws for posting or publication, four cents each one hundred words, 
Assessor. to be paid for by the town. The town assessor shall receive, for 

^S54 his services as assessor, one dollar and fifty cents per day. 

Pound master's § 3. The pound master shall be allowed the following fees for 
^'^^- his services, to wit : For taking into the pound and discharging 

therefrom, every horse, ass or mule, and all neat cattle, ten cents 
each ; for every sheep or lamb, three cents each ; and for every 
hog, large or small, five cents. 
Town auditor's § 4^ 'p^^ officers composing the board of appointment in case 
1861. of vacancy, when they shall meet for that purpose, and the officers 

composing the board of town auditors, shall each be entitled to one 
dollar a day for their services. 
No fees for oath § 5. ^q justice of the peace or town officer shall be entitled 
2851. to any fee or compensation from any individual elected or chosen 

to a town office for administering to him the oath of office. 



ARTICLE TWELFTH. 

OP LEGAL PROCEEDINGS IN FAVOR OP AND AGAINST TOWNS. 

§ 1. Whenever any controversy or cause of action shall exist 
strued. between any towns of this state and between any town and indi- 

. vidual or corporation such proceedings shall be had, either at law 
or equity, for the purpose of trying and finally settling such con- 
troversy; and the same shall be conducted in the same manner 
Effect of judg- ^-nd the judgment or decree therein shall have the like effect as 
ment in other suits or proceedings of a similar kind between individuals 

and corporations. 

claims or demands against said town, presented to us this day to be 
audited, showing to whom the several amounts are allowed: 
To Lorenzo Wood, Esq., supervisor of the town of Dixon^ in said 
county, for one day's services in road appeal case, as rendered 
by commissioners of highways, $1.50 

To CJtarles Starks, for liis damages allowed by commissioners of 

highways on road above mentioned, 25.00 

(Specifying particularly the nature of each claim or demand, and to whom 
the amounts are allowed) and that we have this day audited and allowed to the 
above named persons the several sums as above stated. 

Witness our hands this — day of A. D. 18 — . 

Seth H. Wiiitmore, Supervisor. 
Thomas S. Hcrlbut, Town Clerk. 
Timothy L. Minor, ) j„„,._g „f ,v.^ pg„_ 
Elisha Pratt, \ «>ustices 01 tne reace. 

It is held in New York that the hoard of supervisors are precluded from going hehind the 
certificate of town auditors, to inquire as to the merits of the particular items allowed, but 
are hound to act upon the amount audited without modification ; and that a certificate of 
town auditors purporting in the body of it to have been made by " the board of auditors of 
the town of N. H." is sufficient, though the officers have merely signed their names without 
adding their official titles, and that it need not appear upon the face of the certificate that 
the auditors met at the proper time and place. It will suJGfice if in point of fact, their meet- 
ing was regular in those respects. — Onderdonk y. Queen's Co., 1 Hill^ 195. 



ART. 12.] LEGAL PROCEEDINGS. 49 

§ 2. In all such suits and proceedings the town shall sue and Suit ia name of 
be sued by its name, except Avhere town officers shall be authorized *°^™' 
by law to sue in their name of office for the benefit of the town.* 

§ 3. But no towns or their officers shall be required to appear, serving of pro- 
answer or plead to any such suit or action at the first term of the <^^- 
court after the commencement thereof, (when the same shall be 
commenced in the circuit court,) unless the process aforesaid shall 
be served, as herein directed, at least thirty days before the com- 
mencement of the term. 

§ 4. In all legal proceedings against the town, by name, the 0" ^'^om served. 
first process and all other proceedings required to be served shall 
be served on the supervisor of the town. And whenever any suit 
or proceeding shall be commenced, it shall be the duty of the 
supervisor to attend to the defense thereof, and to lay before the ^^^^ ^^ Supervi- 
electors of the town, at the first town meeting, a full statement of 
such s-uit or proceeding, for their direction in regard to the defense 
thereof. 

§ 5. On the trial of every action, in which the town will be a Witnesses and ja- 
party or interested, the electors and inhabitants of such town shall ^°^''" 
be competent witnesses and jurors, except that in suits and pro- 
ceedings by one town against another no inhabitant of either town 
shall be a juror.^ 

§ 6. Any action in favor of a town, which, if brought by an Suita before ju?- 
individual, could be prosecuted before a justice of the peace, may ^^^' 
be prosecuted by such town in like manner, before any such jus- 
tice ; but no action to recover shall be brought before any of the 
justices of the peace residing in the town for the benefit of which Except in town. 
the same is prosecuted, but all such actions may be brought before 
any one of the justices of the peace residing in any other town in 
the same county. 

§ 7. Whenever any action shall be brought to recover a Trespass suits. 
penalty imposed for any trespass committed on the lands belonging 
to the town, if it shall appear on the trial thereof that the actual 
amount of injury to such town lands, in consequence of such tres- "^ 
pass, exceeds the sum of twelve dollars and fifty cents, then the 
amount of actual damage, with costs of suit, shall be recovered in 
said action, instead of any penalty for the same trespass, imposed 
by the town meeting ; and such recovery shall be a bar to every 
other suit for the same trespass. 

§ 8. Whenever, by any decree or decision in any suit or pro- Svdts in relation 
ceeding, brought to settle any controversy in relation to town com- ^ ^^^ ^^'^' 
mons or other lands, the common property of a town, or for the 
partition thereof, the right of any town shall be settled and con- 

(1) [The form of entitling a suit in case of the town being a party, should be thu3 :] 
Town of Flato 



vs. 
James Jachson 



:; 



(2) If after a vote of the town not to defend an action brought against it, the supervisor 
or person representing the town, shall nevertheless make a defence, he will not be a compe- 
tent witness in the action, for ho will be bound to indemnify the town against the costs of the 
defence.— JiOTersort v. Newberry, 13 Pick.^ ZTi. 

4 



50 



GENERAL PROVISIONS. 



[diy. 1, 



firmed, the court in which such proceedings shall be had may par- 
tition such lands according to the rights of the parties. 

liecovery of costs. § 9. In all suits or proceedings, prosecuted by or against towns, 
or by or against town officers in their name of office, costs shall be 
recovered as in like cases between individuals. Judgments recov- 
ered against a town or against town officers, in actions prosecuted 

Judgment a town by or against them in their name of office, shall be a town charge, 
and, when levied and collected, shall be paid to the person or per- 
sons to whom the same shall have been adjudged.^ 



charge. 



ARTICLE THIRTEENTH. 

OF THE POWERS AND RIGHTS OF COUNTIES AS BODIES COR- 
PORATE. 



Suits. 

Purchase and 
hold lands. 



Power to make 
contracts. 



To make orders. 



Restriction of 
power. 



§ 1. Each county, as a body corporate, has capacity: 
1st. To sue and be sued, in the manner prescribed by law.^ 
2nd. To purchase and hold land, within its own limits, and for 
the use of its inhabitants, subject to the power of the general 
assembly over the same.^ 

3d. To make such contracts and purcnase a-nd hold such per- 
sonal property as may be necessary to the exercise of its corporate 
or administrative powers ;'' and, 

4th. To make such orders for the disposition, regulation or use 
of corporate property as may be deemed conducive to the interests 
of its inhabitants. 

§ 2. No county, under this organization, shall possess or exer- 

(1) A town is authorized to indemnify its officers against a liability which they may incur 
in the bona fide, discharge of their duties, although it turn out that they have exceeded their 
legal rights and authority. So held in Massachusetts. — Bancroft t. Lynfield, 18 Pick.^ 566. 

(2) Counties can neither sue or be sued at the common law. Their rights and habilities de- 
pend on statutory enactment. — Schuyler Count]/ v. Mercer Countij^ 4 Gilm., 20. 

All actions against a county must be commenced and pro.^ecuted to judgment and execu- 
tion in the circuit court of that county. All actions wherein a county is plaintiff must bo 
commenced and prosecuted to judgment in the county of the defendant. — Idem. 

Ordinarily, a law which in general terms speiiks of plaintiffs and defendants, applies to per- 
sons only, and does not apply to states, counties and municipal corporations, unless expressly 
named.— /c/em. 

A county is a public corporation, subject to the control of the legislature ; and the Icgisla^ 
ture may release a penalty recovered in a popular action brought for the benefit of a county. 
— Holliday v. People^ 5 Gilm., 214. See also, Coles v. Mrulison County, Breese, 115. 

Declarations of county commissioners, are not evidence against their county, unless made 
■while officially representing the county, and while engaged in the transaction respecting 
•which the declaration is made.— La Salle County v. Simmons, 5 Gilm., 518. 

A book kept in the clerk's office of the county commissioners, under their direction, re- 
specting the affairs of the county, though not a public record, \a prima facie evidence against 
the county of the facts stated therein. — Idem. 

(3) A grant to the supervisors for the use of the inhabitants of a particular town, is void ; 
for if the supervisors are a corporation they have no capacity to take and hold lands as super- 
visors for the use of the inhabitants of a town, or for any other use or purpose than that of 
the county which they represent. 

Supervisors are a corporation with special powers and for special purposes only— they can 
not act but by special authority. — Lynch v. Hartwell, 8 Johns., 422. 

(4) A contract made by the proper authorities of the county, with a physician, to render 
professional services to a pauper, and not entered on record, may be proved by parol. On© 
^ho at the request of such authorities rendered aid to a person acknowledged by them as a 
pauper, need not prove the pauper legally entitled to such aid in order to entitle him to re- 
cover for such service. — Vermillion Co. v. Knight, 1 Scam., 97. 

Counties are not Mable to pay interest on their contracts, except in pursuance of an express 
agreement to do so.— Pike Co. v. Hosford, 11 111., 170. 



ART. 14.] BOARD OP SUPERVISORS. 51 

cise any corporate powers, except such as are enumerated in this 
act, or shall be specially given by law, or shall be necessary to the 
exercise of the powers so enumerated or given. 

§ 3. All acts and proceedings by or against a county, in its Suits and convey- 
corporate capacity, shall be in the name of the board of supervisors " 
of such county ; but every conveyance of lands within the limits 
■of such county, made, in any manner, for the use and benefit of its 
inhabitants, shall have the same effect as if made to the board of 
supervisors.^ 

§ 4. The powers of a county, as a body politic, can only be Exercise of 
exercised by the board of supervisors thereot^ or in pursuance of a P^^^'^- 
resolution by them adopted. 

§ 5. In all suits or proceedings against a county the service of Serving of pro- 
process shall be by leaving a copy thereof with the clerk of the ^^^' 
board of supervisors, and by leaving also a cop}' with the chairman 
of said board. In case there shall be no chairman acting, then by ^ 
leaving a copy with any three members of said board. 



ARTICLE FOURTEENTH. 

OF THE BOARD OF SUPERVISORS,!^ 

§ 1. The supervisors of the several cities and towns of the Annual meeting, 
counties of this state, that shall adopt the town system, shall meet, 
annually, in their respective counties, for the dispatch of business, 
as a board of supervisors. They may also hold special meetings, Special meetings. 
at such times and places as they may find convenient, and shall 
have power to adjourn, from time to time, as they may deem 
necessary. 

§ 2. Special meetings of the board of supervisors shall be held Special meetings, 
only when requested by at least one-third of the members of the ^^^^-^ 
board ; which request shall be in writing, addressed to the clerk 
of the board, and specifying the time and place of such meeting ; 
upon reception of which the clerk shall immediately transmit 
notice, in writing, of such meeting to each of the members of the Notj^.^ ^^^ ^^ ^^ 
board. The clerk shall also cause notice of such meeting to be Published. 

(1) Tile law which gave jurisdiction over county affairs to the board of supervisors, went 
into operation on the first Tuesday in April, 1S50. " The county corporation was not aboUshed 
by this law. Its name was changed, but suits instituted in the old name do not therefore 
abate.— To w/i of Oitowa v. Co. of La Salle. 11 Ills., 6i>i. 

By the constitution, U\e rigat of a county to adopt township organization is made to depend 
expressly upon the affirmative vote of a majority of all within the county entitled to vote on 
the question. The power of the county court, over the county business, continues until the 
orgauiiation is adopted by such \ote.— People ex rel. v. Brown et at., 11 Ills., 478. 

A conveyance of land to a county, in consideration that the county seat be located at a par- 
ticular place, does not deprive the legislature of the power to remove the county seat. The 
donors of the laud, if the convey.ance be unconditional, can not recover damages for such 
removal. An agreement that the land should revert, in case of removal, should be expressed 
in the conveyance, and can not rest in ^^vo\.— Adams et al. v. Log-au County. 11 111., 336. 

If a specific fund be given by the legislature to a county, to be held in trust for certain pur- 
poses, and the fund be diverted from its purpose, and mixed ^\^th the general funds of the 
county, a mandamus may be awarded, directing the payment of the fund to the proper pur- 
pose out of the general funds of the county.— Pt/te Co. y. tlie State, 11 ML, 202. 

*See Board of Health Act, Appendix, p. 272 



f,9 



GENERAL PROVISIONS. 



[div. 1. 



Day of meeting. 



published in some newspaper published in the county, if any is 

published therein.* 

§ 3. The annual meetings of the board of supervisors shall be 

holden on the second Monday in September, in each and every year, 

at the county seat ; and if the court house be deemed convenient 

to be held therein. 
ShaU organize by § 4. The board of Supervisors, at their first meeting in every 
choosing chair- year, shall Organize, by choosing one of their number as chairman, 

who shall preside at all meetings of the board during the year. 

In case of his absence at any meeting, the members present shall 

choose one of their number as temporary chairman.'* 

§ 5. The supervisors shall severally lay before the board of 

supervisors, at the first meeting after their election, their several 

certificates of election ; which shall be examined by the board of 

supervisors, and, if found regular, shall be filed in the ofiice of the 

clerk of the county court. 

§ 6. The board of supervisors of each county in this state shall 

have power, at their annual meetings, or at any other meeting : 



Produce certifi- 
cate of election. 
1854. 



Powers of the 
board. 



1 Form of request for Special Meeting of Board of Supervisors. 
To S. S. Saul, Esq., clerk of the Board of Supervisors oi Livingston county, 
State of Illinois : 

The undersigned being one-third of the members of the board of super- 
visors of said county of Livingston, do request that a special meeting of said 
board be held, to convene on the — day of A. D. 18 — , at the court- 
house in the town of Pontiac in said county. 

Dated this — day of , A. D. 18—. 

H. Hill, Samuel Morrison, 

H. Hamlin, Kobert Young, 

R. Thompson, Jesse Slider,^ 

Jesse Hanna, Isaac Wilson. 

Farm of Notice to each Supervisor, of Special Meeting of the Board. 
To Joshua Mills, Esq., a member of the board of supervisors of Livingston 

county : 

You are hereby notified, that in accordance with a request in writing ad- 
dressed to the undersigned, clerk of said board of supervisors, by one-third 
of the members thereof, a special meeting of said board will be held, to con- 
vene on the — day of , A. D. 18 — , at the court house in the town of 

Fontiac in said county. 

Dated at Fontiac, this — day of , 18 — . 

S. S. Saul, Clerk of Board of Supervisors. 

Fcyrrrb of Notice of Special Meeting of Board of Supervisors, for publication in 

Newspaper. 
special meeting of board of supervisors. 
Notice ia hereby given, that pursuant to a request of one-third of the 
members of the board of supervisors of Livingston county, a special meet- 
ing of said board will be held, to convene on the — day of , 18 — , at 

the court-house in the town of Fontiac, in said county. 

Dated at Fontiac, this — day of 18 — . 

S. S. Saul, Clerk. 

(2) The board of supervisors may elect a temporary chairman, whether there is a regular 
chairman in existence or Lot, and any meeting of the board at which a quorum is present 
must be regarded as Talid.— Town of Ottawa v. Co. of La Salle, IX Ills.. 654. 

That is, if regularly called in pursuance of law. 



AUT. 14.] BOARD OP SUPERVISORS — CLERK. 53 

1st. To make all such orders concerning the corporate property To make orders 
of the county as they may deem expedient. 

2nd, To audit all accounts charc^eable aorainst such county, and ^^^^i* accounts 

,. 1 • . <^ 1 1 -i r agamst counties. 

to direct the raismg oi such sums as may be necessary to deiray 
the same.^ 

3d. To audit the accounts of town officers and other persons Audit accounts 
against their respective towns, as are not otherwise by law pro- ^?>^^^ towns. 
vided, and to direct the raising of such sums as may be necessary 
to defray the same. 

4th. To appropriate funds to aid in the construction of roads Appropriations 
and bridges, in any part of their respective counties, whenever a ^ridges!.^ ^'^'^ 
majority of the whole board of the county may deem it proper and 
expedient.^ 

5 th. To change the boundaries of towns and to create new change bounda- 
towns, in their respective counties, in manner provided by law ; to [Jl;^^^^'^'^ '^''^^^ 
designate and give names thereto, and to fix the place of holding 1S61. 
the first town meeting therein.^ 

6th. To change the name of any town or incorporated village in change namss of 
their respective counties, upon petition of a majority of the voters igjj^''' 
of said town or incorporated village. 

7th. To relocate or vacate state roads in their respective coun- vacating of state 
ties, as the public interest may require, in manner provided by J°^J^- 
law.-" 

(1) The power granted to supervisors of a county to examine, settle and allow all accounts 
chargeable against a county, involves the right to reject, if sufficient reason, in the opinion 
of the supervisors, is not presented for the allowance. — People v. Supervisors Dutchess Co., 9 
Wend., 508 

It is held in Michigan that a county is not liable to an attorney for defending a prisoner at 
the request of the court when the prisoner is poor and unable to employ counsel. — Bacon v. 
Wayne Co., 1 Michigan R., 461. 

A county is not liable to the clerk of the circuit court for his fees on a scire facias upon 
a recognizance. — Ed'j:ar County v. Mayo. 3 Gilin., 82. 

Sheriffs are not allowed pay from the county for stationery used in the discharge of the 
duties of their offices; nor for mileage in summoning grand and petit juries. It is held that 
there is no legal or moral obligation on the counties to pay such charges. These officers take 
their offices with all the benefits and burthens given or imposed upon them. — Bryner v. Board 
of Supervisors, 24 lie, 195. 

Neither the state^ nor county, is bound by law to pay the fees of officers in prosecutions in 
behalf of the people where no conviction is had; and where the defendant is convicted, the 
officers must look to the defendant's estate for their costs and run the risk of losing them if 
he be insolvent. — Kitchelc v. Madison County, 4 Scam., 163. 

The necessary lights and fuel for keeping of the several county offices in a suitable condi- 
tion for the transaction of business, are a proper county chai'ge ; so held in Wisconsin. — 
Jefferson Co v. Besley, 5 Wisconsin R., 134. 

A board of supervisors, by auditing and paying part of a claim presented, is not thereby 
precluded from contesting the residue, even upon a principle which would show the former 
allowance to have been improper. 

A mandamus will not lie to a board of supervisors to control them in the exercise of their 
discretion as to the amount at which an account presented shall be audited. — People v. Su- 
pervisors, 1 Hill, 332. 

Where a clear legal duty rests upon the board of supervisors, being a matter in which they 
have no discretion, mandamus will lie, and is the proper remedy to compel them to perform 
that duty. — Boyce v. Supervisors of Cayuga, 20 Barb., 294. 

Boards of supervisors can not bind their counties by an act not within the limits of the ex- 
press powers conferred upon them by statute. They cannot allow a clams on any notions of 
their own as to its equity. — Chemung Canal Bank v. Supervisors of Chemung, 5 Denio, 517- 

(2) The act to provide for township organization does not give tlie board of supervisors au- 
thority to appropriate the county funds in aid of the construction of toll bridges, or to aid a 
private individual in the construction of a free bridge. And a bill to enjoin them for so mis- 
applying the funds of the county is a proper remedy, and will be sustained.— Co/^o)( et al. v. 
Hanchett et al., 13 Ills., 615. 

(3) The manner provided for changing boundaries of towns and creating new towns, will 
be found ante p 17 — Article third, Sec 1. 

(4) The manner proviiJ(!d for relocating or vacating state roads, will be found in Article 
SEVENTEENTH, See. 58, post, p. 89. 



54 GENERAL PROVISIONS. [dIV. 1. 

To perform other 8th. To perform all Other cluties, not mconsistent with this act, 

duties. which may be required of or enjoined on them by any laws of 

this state, or which are enjoined upon county courts, when holding 
terms for the transaction of county business in those counties not 
adopting township organization.^ 

Quorum. § 7. A majority of the supervisors of any county shall consti- 

tute a quorum for the transaction of business ; and all questions 
which shall arise at meetings shall be determined by the votes of 
the majority of the supervisors present, except in such cases as is 
otherwise provided. 

Open doors. § 8. The board of supervisors shall sit with open doors, and 

all persons may attend their meetings. 

Chairman to ad- s 9. Evcrv chairman of the board of supervisors shall have 

Diimster oaths. , t • • i • 

power to admmister an oath to any person concernmg any matters 
submitted to the board or connected with their powers and duties. 

Clerk of the § 10. The clerk of the county court shall be clerk of the 

°^^ ■ board of supervisors, whose general duties shall be : 

Record proceed- 1st. To record in a book, to be provided for that purpose, all 

^°^'^* the proceedings of the board. 

Enter decisioas of 2nd. To make regular entries of all the resolutions or decisions 

t e oard. ^^ ^jj q^gg^ions Concerning the raising or payment of moneys or 

for the regulating of affairs under their control. 

Record vote. 3cl. To rccord the vote of the supervisors on any question sub- 

mitted to the board, if required by any member of the board. 

rile accounts. 4th. To file and preserve all accounts acted upon by the board. 

Clerk's fees. § 11. The clerk shall receive a reasonable compensation for 

his services, to be fixed by the board, and to be paid by the 
county. 

Shall hold books. § 12. The books, records and accounts of the board of super- 
visors shall be deposited with the clerk, and shall be open, without 
reward, to the examination of all persons. 

Accounts how in- § 13. It shall be the duty of the clerk to designate upon every 

'^^^^'^ ' account upon which any sum shall be audited and allowed by the 

board the charges for which the same was allowed, and he shall 

Certified copies, (j^j^ygj. ^q ^^j person who may demand it a certified copy of any 
account on file in his office on receiving from such person five 
cents for every one hundred words contained in said copy. 

Building of court § 14. It shall be the duty of the several boards of supervisors, 

houses and jails. ^^ often as it shall be necessary, to build court houses and jails, or 
cause the same to be repaired, in their respective counties, at the 
expense of such counties. 

Charge of poor. § 15. It shall be the duty of the board of supervisors to take 
charge of the poor and the management of the poor house in their 

(1) AHiere the supervisors of a county have neglected to perform any duty required of them 
at their annual meeting, they may be compelled by mandamus to meet again and perfomi it. 
They can not by their neglect nullify a statute imposing duties upon them. 

This was a case where the board of supervis^ors of Chenango county, in the state of New 
York, at their annual meeting in 1851, neglected to issue warrants for thp military commuta- 
tion, which it was their duty to do by law at that meeting. The Supreme court issued a 
mandamus requiring them to meet and issue the warrants. Hdd, that the mandamus was 
properly issued. — People v. Supervisors of Chenango, 4 Self/., 317. 

Note. For further powers and duties of the board of supervisors, see " Miscellanfous 
Provisions" under head of " Counties and County Commissioner's Courts," i^osi, p. 212. 



1861. 



ART. 15.] COUNTY TREASURER. 55 

respective counties. And the overseers of the poor of the several 
towns shall be accountable to and their compensation and accounts 
shall be audited bj the board of supervisors and paid bj the county. 

§ 16. Whenever the board of supervisors shall create a new Creation of new- 
town or change the name of an existing town or incorporated vil- of^^^e! ^^^^ 
lage, the clerk shall transmit to the auditor of public accounts ai88l. 
statement of such action on the part of the board ; and if it shall 
appear that there is already a town or incorporated village in the 
state of the same name as that designated by the supervisors the 
auditor shall so inform the clerk of said board ; and the super- 
visors shall designate another name, not already applied to any 
other town or incorporated village within the state. 

§ 17. Each member of the board of supervisors shall be Compensation of 
allowed a compensation for his services and expenses in attending p®'^^^^- 
the meeting of the board or for attending to any other business, 1357 
for the benefit of the county, or as a member of the board, not 
exceeding two dollars per day, and no more. 

^18. The clerk of the board of supervisors shall, at the close Proceedings to 
of each annual or special meeting of the board, cause a brief state- J^'e^P^^biished. 
ment of the proceedings thereof to be published in a newspaper 
published in the county, in which shall be set forth the name of 
every individual who shall have had any account audited and 
allowed by said board, and the amount of said claim, as allowed 
and amount claimed, and also their proceedings upon the equaliza- 
tion of the assessment roll. 

§ 1 9 If any supervisor shall willfully refuse or neglect to Negieet of duty. 
perform any of the duties which are or shall be required of him ^ ^' 
by law as a member of the board of supervisors, he shall, for 
every such offense, forfeit the sum of two hundred dollars. 

ARTICLE FIFTEENTH. 

OB' THE COUNTY TREASURER. 

§ 1. Every person elected or appointed to the office of county Acceptance of 
treasurer shall, within ten days after he is notified of his election **^^" 
or appointment, file in the office of the county court clerk a writ- 
ten acceptance of the office of treasurer ; and before he enters 
upon the duties of his office shall give bond to the board of supervi- p^^^ 
sors of the county, with two or more sufficient sureties, to be ap- 
proved by the board of supervisors, and in such sum as they shall Condition, 
direct, conditioned that such person shall faithfully execute the duties 
of his office, and shall pay, according to law, all moneys which shall 
come to his hands as treasurer, and render a just and true account 
thereof to the board of supervisors or to the auditor of public 
accounts of this state, when thereupon required.^ 

"^Form of written acceptance of County Treanurer to he filed in the County 
Clerk^s office. 
To Jame.<t C. Biddlecomhe Esq., clerk of the county court oi Lake county, 
in the state of Illinois: 



56 



GENERAL PROYISIONS. 



[div. 1. 



ShaUcotdis- § 2. The bond required by the preceding section shall not, 

pense with bond howcver, dispense with the necessity of the bond from such treas- 
Tector. urer, as county collector of taxes, as now provided by law, and 

1861. nothing in tliis act shall be construed as having that effect ; but 

the county treasurer shall be required to execute bond, as county 
collector, the same and in the same manner as is now by law pro- 
vided. 
Approval of bond § 3. Sucli bond, when approved by the board of supervisors, 
and record. gj^^jj -^^ entered upon the records and filed in the ofRce of the 
county clerk. Said clerk shall forward a certified copy thereof 
to the auditor of public accounts, who shall file the same in his 
office ; and such copy shall have the same force and effect as the 
original bond. County treasurers' bonds shall be a lien against 
their real estate. 

§ 4. It shall be the duty of the county treasurer to receive all 
moneys belonging to the county, from whatever source they may 
be derived, and all moneys belonging to the state, which, by law, 
are directed to be paid to him, and to pay and apply such moneys 
in the manner required by law.^ 



Receirin)? and 

disbursing 

moneys. 



Sir : — Having been elected (or appointed) on the — day of , A. D. 

18 — , to the office of county treasurer of said county, I hereby notify you 
that I accept of that office. 

Dated at Waukegan^ in said county, this — day of , A. D. 18 — . 

John H. Cotes. 



Form of County Treasurer's Bond. 

Know all men by these Presents, That we, John H. Cotes, as principal, 
and Lyman Sprague and Angiistus B. Cotes as sureties of the county of 
JOake, in the state of Illinois, are held and firmly bound unto the supervisors 
of the said county of Lake, in the sum of {in a sum directed by the supervi- 
sors) for the payment of which well and truly to be made, we bind ourselves, 
our heirs, executors and administrators, and each of them firmly, by these 
presents. Sealed with our seals, and dated this — day of , A. D. 18 — . 

The condition of this obligation is such. That xohcreas, the above bounden 
John H. Cotes has been elected {or appointed) county treasurer of the said 
county of Lake, and has accepted of the office. Now therefore, if the said 
John H. Cotes shall faithfully execute the duties of his said office, and shall 
pay according to law, all moneys which shall come to his hands as such 
treasurer, and render a just and true account thereof to the board of super- 
visors, or to the auditor of public accounts of this state, Avhen thereupon 
required, then this obligation to be void and of no effect, otherwise to 
remain in full force and effect. 



John H. Cotes, 
Lyman Sprague, 
Augustus B. Cotes, 



SEAL. 

seal.' 

SEAL. 



Note. — See act regulating the collection of the revenue in counties adopting the township 
organization law approved February 12^/i, 1858, post 

A county court, or board of supervisors, can remove a county treasurer only for causes 
specified in the statute ; they have no general powers of removal. — Clark v. The People, 15 
Ills., 21.S. 

(1) County orders paid by the treasurer have lost their \-itality and can not again become 
Talid securities in the hands of an innocent holder. But where without any fraudulent in- 
tents the holder of large county orders exchanged them ^vith the treasurer for smaller ones 
which he had paid but which have never been allowed in his accounts, the debt repre?ented 
by the large orders is not extinguished. AVhere, however, the holder of county orders lends 
them to the treasurer and thereby enables him to use them as his vouchers on a settlement, 



ART. 15.] COUNTY TREASURER. 57 

§ 5. The county treasurer shall keep a just and true account Keep account of 
of the receipts and expenditures of all moneys, in a book or books, ^°^^^^- 
to be kept for that purpose ; which books shall be provided at the 
expense of the county. 

§ 6. The county treasurer shall have the same power to col- Po^er to collect 
lect the taxes charged against the delinquent or nonresident lands nn^e^fteo? non- 
or town lots, and to make sale thereof for the same, as is now or residents. 
may hereafter be vested in the sheriff or collector, under the gen- 
eral laws of this state, and shall account for and pay over the state 
tax, in like manner and at the same time that county collectors are 
required to pay over said tax. Said treasurer shall be entitled to j.^^ 
like fees for delinquent real estate and for traveling to the seat of 
government as county collectors are entitled to under the revenue 
laws. The county treasurer shall, within twenty days after hav- Return of as- 
ing completed the collection of the delinquent tax, deposit the sessment rou. 
assessment rolls or tax books returned by the town collectors in the 
office of the county clerk. 

§ 7. At the annual meeting of the board of supervisors, or at Exhibiting books 
such other times as they shall direct, the county treasurer shall ^"'^ ^<^<^'^*^- 
exhibit to them all his books and accounts, and all vouchers rela- 
ting to the same, to be credited and allowed.^ 

§ 8. Upon the death, resignation or removal from office of any Books deUvered 
county treasurer, all the books and papers belonging to his office oath!*^^*^^^*^ °" 
shall be delivered to his successor in office, upon his oath, or, in 
case of his death, upon the oath of his executors or administrators. 
In case such treasurer has left the county a demand may be made 
of any one having charge of the books or papers belonging to said 
office, who shall surrender them up, and on oath, if required. 

§ 9. If any such preceding county treasurer, or, in case of his Penalty for neg- 
death, if his executors or administrators shaU refuse or neglect to books. *^ ^'^ 
deliver such books, papers and moneys, upon oath, when la^^^ulIy 
required or demanded, every such person shall forfeit, for the use 
of the county, the sum of one thousand dollars. 

§ 10. The county collectors, or treasurers in counties adopting Fees on settle- 
township organization, shall hereafter be allowed, in their settle- ^^ anSher ^'^ 
ment with the auditor, for receiving the state tax from the town duties. 
collectors, and paying the same into the state treasury, adjusting ^^57. 
the accounts of said town collectors, and correcting dehnquent 
lists, a commission of two per cent., when the amount received 
does not exceed ten thousand dollars, and one per cent, on all sums 
received from town collectors over that amount, and shall be 
allowed one per cent, for receiving the county and town tax, and 

and is afterwards repaid in other orders which have been paid by tlie treasurer subsequent 
to the settlement he is estopped from denying the payment of the orders lent, and can not 
recover upon those returned to him. — Chemung Canal Bank v. Board of Supervisors of 
C/iemung Co.,b Denio 517. 

A county is not bound to pay interest on county orders. — Madison Co. v. Bartlett, 1 
Scam., 67. 

County commissioners or boards of supervisors making settlements with collectors of the 
revenue, act as agents of the state, and do not adjudicate as a court. Their orders entered 
upon their records, are memoranda only, and only prima facie evidence of the correctness 
of the result stated. Mistakes made in such settlement may be inquired into and corrected. 
— Was/iiHgto7i County v Farlier et al., 5 Gihn., 232. 



58 GENERAL PROVISIONS. [dIV. 1. 

one per cent, for paying out the same : provided, that he shall not 
be allowed any commission for paying over to a successor. 
Failure to pay § 11. Whenever any county treasurer shall fail or refuse to pay 

over revenue. ^^^^^ ^^^ county rcvcnue the board of supervisors shall cause suit 
Suit on bond. ^^ ^® prosecuted on his bond ; and the auditor shall have the same 
power to prosecute suit against the county treasurers, on the copy 
of their bonds, as is allowed by law for prosecuting suits against 
county collectors. 
Money recovered, § 12. All moncys recovcrcd in any such action shall be paid 
^w appropna- ^^ v^ppp^pj^ated for the uses contemplated or directed by laAv. 

ARTICLE SIXTEENTH. 

MISCELLANEOUS PROVISIONS CONCERNING THE ASSESSMENT 
OF PROPERTY AND COLLECTION OF TAXES. ^ 

'VTheTQ persons § 1. Evcry pcrsou shall be assessed in the town or district 
Bhaii be assessed, ^.j^^^.^ j^^, rcsidcs for all the lands then owned by him within such 

town or district. 
In whose name § ^' ^aud owncd by a pcrsou residing in a town or district 
land assessed, where the samc is situated, but occupied by another person, may 
be assessed in the name of the owner or occupant, at the election 
of the assessor. 
Perf^onai estate, § 3. Every person shall be assessed m the town or district 
where assessed, where hc rcsidcs when the assessment is made for all personal 
estate owned by him, including all such personal estate in his pos- 
session or under his control, as trustee, guardian, executor or 
administrator ; and in no case shall property held under either of 
these trusts be assessed against any other person. 
Property of cor- § 4. The real estate of all incorporated companies, liable to 
^sesse£^' ^^^^^ taxation, shall be assessed in the town or district in which the same 
shall lie, in the same manner as the real estate of individuals. All 
the capital stock of every incorporated company, liable to taxa- 
tion, shall be assessed in the town or district where the principal 
office of said company is located or business transacted. In the 
case of toll-bridges, the company owning such bridge shall be 
assessed in the town or district in which the tolls are collected. In 
the case of a stage company, the horses and stages shall be taxed 
Provision as to in the town or district where they are usually kept : provided, 
rai roa . ^^^^^ nothing in this section or act contained shall in any way affect 

186L the manner of assessing the taxable property belonging to any 

railroad company or companies, as now provided or prescribed by 
the assessment or revenue laws of this state. 
County clerks to § 5. It shall be the duty of the clerk of the county court, in 
Sssors^"'^^" ^°^ ^^^^^ ^"^ every county where they have organized into townships, 
to procure or prepare, in conformity with the instructions with 

(l)In revising the act to provide for to-wnship organization, it was the intention of the legisla- 
ture to re-enact so much of the law concerning the assessment of property and collection of 
taxes embraced in the former act of 1851 and acts amendatory thereof as remained in force, 
and to make no further or other changes than seemed to be demanded. It is believed that 
no very material changes have been made. 



ART. 16.] ASSESSMENT OF PROPERTY. 59 

which he may, from time to time, be furnished by the auditor of 
public accounts, blanks or books properly ruled and with suitable 
headings, for the use of the assessors of the several towns or dis- 
tricts in his county ; a suitable number of which shall always be 
ready for the assessors throughout the county. And each assessor 
shall call for the same, on or before the first day of May in each 
and every year. The expense of procuring the same shall be Expense of books. 
audited by the board of supervisors, and paid out of the county 
treasury. He shall, also, furnish each assessor with a list of all List of lands. 
taxable lands within their respective towns or districts as have not 
been heretofore furnished. 

§ 6. On the Saturday succeeding the first Tuesday of April, Lists of lands 
A. D. 1861, and every year thereafter, the clerk of the county P^'^i^f*^'^^,^^ 

' n 1 1 I- 1,1 /I , county clerks an- 

court shall have, ready to be delivered to the assessors ot each nuaiiy tor usses- 
town, a book, properly ruled and headed, containing a list of the ^°^^' 
real estate, in numerical order, with such blank columns as may be isei. 
necessary, for the use of the assessors. 

§ 7. The clerk, in making out said list, shall take as his guide Clerks' guide in 
the assesssment list or collector's book of the previous year and the iqq[^^ ^*^" 
list of subsequent conveyances : provided, that the lists of lands i'roviso. 
reported in the annual abstract shall be furnished to the assessors 
of the several towns in which said lands described in said abstract 
may be situated, within five days from and after such abstract is 
received from the auditor's office ; and, at the same time, the clerk 
shall also cause to be delivered to the assessors aforesaid, a book, 
properly ruled and headed, for the abstract of the assessment of per- 
sonal property. 

§ 8. Between the first day of April and July in each year, the Buty of assessors 
assessors shall, after being furnished with the necessary blanks, pro- ^^^p'^^^'-'''"^^^".'? ^» 



property. 

ceed to ascertain, by diligent inquiry, the names of all the taxable 
inhabitants in their respective towns or districts, and also the taxa- 1861. 
ble property, real or personal, within the same, and shall proceed 
to take a list of taxable property in his town and assess the value 
thereof, in the manner and as now provided by law. 

§ 9. They shall set down, in separate columns, as headed for set down each 
each article of taxable property, according to their best information ^^^i*^^®- 
and judgment in accordance with the revenue laws of this state. 

§ 10. When a person is assessed as trustee, guardian, executor Trustees, gnavd- 
or administrator, he shall be assessed as such with the addition of ^'"^^^^ ^'^" 
his name to his representative character. 

§ 11. Every assessor shall complete the assessment rolls on or Time of oompie- 
before the first Monday in July, as now provided by law, and shall JX^^''''''"'^' 
forthwith cause notices thereof to be posted up in three or more Notice of. 
of the most public places in the town, ward or district. 

§ 12. Such notices shall set forth the time and place where he contents of no- 
will meet with the town clerk and supervisor of the town, to cor- *^*'®- 
rect the roll ; which time of meeting shall not be less than ten ^^j^^ ^^ meetin 
days from completing the assessments, nor more than fifteen days 
from the time of such completion. 



vasors. 



60 GENERAL PROVISIONS. [dIV. 1. 

Review of assess- § 13. The assGssor, town clerk, and supervisor, shall attend at 
meats. ^^iq time and place specified in the notice, and, on the application 

of any person conceiving himself aggrieved, they shall review the 
assessment ; and when the person so objecting thereto shall make 
an affidavit that the value of his personal estate does not exceed a 
certain sum specified in such affidavit, the assessor shall reduce the 
Eeduction of er- assessment to the sum specified in such affidavit ; and if he or any 
ments. Other one objects to the valuation put upon any of their real estate, 

the board shall hear the objections, and may reduce the same, if a 
majority of the board think it advisable ; and in such case the 
assessor shall correct his list.^ 
rormBtobeused. § 14. The assessors, in the execution of their duties, shall use 
the forms and preserve the instructions which shall, from time to 
time, be transmitted to them by the auditor of public accounts, or 
furnished them by the county clerks. 
EqimUzation of § 15. The board of supervisors of each county in this state, 
boaTiTof super- ^^ their annual meeting, shall examine the assessment rolls of the 
several towns in their county, for the purpose of ascertaining 
Avhether the valuations in one town or district bear just relation to 
all the towns and districts in the county ; and they may increase 
or diminish the aggregate valuation of real estate, in any town or 
iaation!^ ^ ^^^ ' district, by adding or deducting such sum upon the hundred as may, 
in their opinion, be necessary, to produce a just relation between 
all the valuations of real estate in the county ; but they shall, in 
no instance, reduce the aggregate valuation of all the towns and 
districts below the aggregate valuation thereof as made by the 
assessor. They may make such alterations in the descriptions of 
the lands of non-residents as they shall deem necessary ; and they 
shall assess the value of all such lands as have been omitted by 
the assessor and listed by the clerk, and cause the same to be 
ISGI. placed opposite the description of said lands, in a column pre- 

pared for that purpose ; and for such service the clerk shall be 
allowed one cent for each tract or description so equalized. 
Unfair assess- § 1 G. Said board of supervisors shall have power, and it is 

amended or set liGrcby made their duty, m case the assessment roll of any town 
aside. or towns shall, by affidavit, or otherwise, be made to appear to the 

satisfaction of said board or a majority of them to have been 
unlawfully, partially, or improperly made, and that such assess- 
ment is grossly wrong and partial, to amend such assessment, or 
declare the same null and void ; and said board shall have power 
to appoint some suitable person or persons, who shall be residents 
^?.^ v.!f n«wJ^* ^^' iiucl^ towns, to proceed to make a new assessment of property 
therein, and make return thereof to the board of supervisors, on or 
before a day to be fixed and specified by said board. 

(l.)This provision, requiring theasyessor, town clerk and supervisor to attend at the timeand 
place speciiied in the notice, for the purpose of reviewing the assessment, is imperative ; and 
•without such meeting no tax payer can be bound by the assessment. AVhen one party- 
proved that the town clerk was not present at such meeting, held to throw on the other par- 
ty the burden of proving that the other two complied with the law, if it is conceded that 
two had power to act. The owner of the land, on trial of a tax title, has the right to raise 
objections of this character. — Hough v. Hastings, 18 Ills., 312. 



may be ordered. 



ART. 16.] ASSESSMENT OF PROPERTY. 61 

§ 17. In case the collector of any town shall have been or Proceedings in 
may hereafter be estopped, by injunction or the decision of any Jfon.°^ ^^i^^^- 
court, from the collection of the taxes, in consequence of the 
assessment of the property in said town being wTongfuily or ille- 
gally assessed, it shall be the duty of the board of supervisors of 
the county in which any such town is located to hold a meeting, as 1854. 
soon after they shall have notice of such injunction being granted 
or decision rendered as practicable, and they shall inquire into the 
facts of the case ; and if a majority of the board are of the opinion 
that any such assessment was wrongfully or illegally made, they 
are hereby authorized aiid empowered, and it shall be their duty 
to appoint one or more persons, residents of said town to reassess Reassessmenta. 
the property therein. 

§ 18. The person or persons so appointed, shall make and sub- Reriew and cor- 
scribe the oath and be governed in all things pertaining to said ^gjjj''^ °^ '^^^^ 
assessment in like manner as town assessors, and shall proceed, 1854. 
without delay, to make such reassessment. Such person or per- 
sons shall attend at the office of the town clerk of said town, for 
the purpose of reviewing the hsts or rolls of said assessment. And l^^^l ^^ ^"^ 
said assessment roll or lists shall be examined and corrected, in like 
manner and by the same officers that would be authorized to review 
and correct it if it had been a regular assessment, except that the 
person or persons making the assessment shall act, instead of the 
regular assessor : provided, that the person or persons making such Proviso 
assessment shall first give at least ten days' notice of the time and 
place of reviewing the assessment ; which notice shall be once 
published in some newspaper published in said county, if there be >jo(.ice of review- 
any paper published therein ; and said notice shall be posted up J^s a^essment. 
in three or more of the most public places in such town. 

§ 19. The person or persons making the assessment aforesaid, Returns to coan- 
shall make return thereof to the county clerk, in manner and form J^g5*^^^' 
as is or may be prescribed by law for making returns of assess- 
ment, and be allowed such reasonable compensation therefor as Compensation of 
the board of supervisors shall determine and allow ; w^hich com- ^^^^°^ assessing. 
pensation shall be paid in hke manner as the compensation of town 
assessors is paid. Upon the return of the assessment rolls, afore- 
said, the county clerk shall cause the proper list of the property j^j^^g ^^^ ^^^ 
assessed, with the taxes extended thereon, to be made, for the use collector. 
of the town collector. Said lists shall be made out and delivered 
to the collector authorized to coUect the taxes due thereon, as soon 
after the assessment rolls or lists ai'e received by the clerk as 
practicable. 

§ 20. The board of supervisors shall have power, and they Appointment of 
are hereby fully authorized, to appoint some suitable person to J^'J^^"^* 
collect the taxes due on the lists made out, as aforesaid, if in their 
opinion it is expedient to do so. And the person so appointed 
shall execute a bond and qualify, in like manner, and shall receive Bond, 
like compensation, and shall be subject to like penalties, as town 
collectors are subject to. Any person appointed and qualified, as 
provided for in this section, shall have fuU power and authority to Power to collect. 



62 GENERAL PROVISIONS. [dIV. 1. 

collect the taxes charged in the tax list ; and for that purpose he 

may levy on and make sale of goods and chattels, and do all and 

everything necessary to be done in the premises, in like manner as 

town collectors are authorized to do by the general laws relative to 

the collection of the revenue. 

Time fixed for re- § 21. The board of Supervisors shall fix the time at which such 

^'^^' collector shall make return and settlement for the taxes collected 

Proviso by him : provided, that such time shall in no case exceed sixty 

1854. ^jjj^yg from the time the tax list is delivered to said collector ; and 

the county collector is hereby authorized and required to collect 

Non-resident *^^® taxes duc on any assessment made under the provisions of this 

property act, on uon-residcnt property, by sale or otherwise, in like manner 

as he is authorized to do in cases of regular assessments. 
Neglect to pay § 22. In all cascs where the collector of any town shall not 
enucln tiiie!' ^^^'^ P^id ovcr to the couuty collector the state revenue, prior to 
1854. the time such county collector is required to pay said revenue into 

the state treasury, the county collector shall pay over the state rev- 
enue collected in said town within thirty days after the time of 
settlement with the town collectors. 
Disputed claims § 23. When two or morc persons shall be claimants of any 
mcS^^remved^" ^^^^^y the town collcctor shall be authorized to receive payment of 
from each. taxcs from cacli claimant of such land, and give receipt for the 

same; and said collector shall report to the clerk of the county 
court such double tax, to be by him disposed of as is now required 
by law— which receipt shall be evidence in all courts, where the 
same shall come in question, of the payment of taxes on the land 
therein described for the year or years therein mentioned. 
Satisfaction piece § 24. Upon the settlement of the amount of taxes directed to 
to collectors ^yQ collected by any collector in any of the towns or cities in this 
state, the county treasurer shall, if requested, give to such collector 
or any of his sureties a satisfaction piece, in writing, and shall 
acknowledge the same before some person authorized to take 
acknowledgments of deeds. 
Satisfaction of § 25. tjpon the production of such satisfaction piece, acknowl- 
^°^^' edged as aforesaid, the recorder of tlie county shall enter satisfac- 

tion of record of the collector's bond ; which shall operate, prima 
facie, as a discharge of the sureties only. 
Fees for acknowi- § 26. The officer taking and returning such acknowledgment 
etiguig. shall be entitled to the same fees as for taking and entering 

acknowledgments of satisfaction of a deed or mortgage. 

County clerk's § 27. The clcrks of the county courts shall hereafter be 

fees. Services allowcd the samc fccs for making transcripts of each taxable town 

as?essmente. lot for the usc of the asscssor ; for copying the same, and com- 

^^^- puting and extending the taxes thereon; for making record of 

each town lot for judgment; for making transcript of judgment 

for sale, and for assisting the collector in selHng the same, as are 

now allowed by law for like services on each tract of land. The 

County tax to be board of Supervisors of each county shall have power to levy, for 

county purposes, a tax of not exceeding five mills on each dollar's 



I 



ART. 17.] ROADS, HIGHWAYS AND BRIDGES. 63 

worth of taxable property, instead of not exceeding four mills, as 
now provided by law. 

§ 28. Nothing in this article shall be construed as affecting the prfor laws notre- 
provisions of any law now in force concerning the assessment of p^'^^^ "^^ess in 
property and collection of taxes, when the same is not in conflict ^gQ 
with the provisions herein ; but where the same shall be in conflict 
with any of the provisions of this act, in that case the provisions 
herein shall govern. 

ARTICLE SEVENTEENTH. 

OF ROADS, HIGHWAYS AND BRIDGES.** 

§ 1. The commissioners of highways, in the several towns in powers of com- 
this state, shall have the care and superintendence of highways JJ^^^^^JJ^®^^ *^^ 
and bridges therein, and it shall be their duty :^ 



(1) It has been well obscrred that nothing tends to mark more distinctly the progress of 
society, in any country, than the construction and improvement of public roads. It is a 
subject which has claimed the attention of all prosperous and well regulated counnunities in 
all ages of the world. In England, every parish is bound of common right to keep the high 
»oads that pass through them in good and sufficient repair ; unless by reason of the tenure 
of lands, or otherwise, this care is consigned to some particular private person. From this 
burthen no man was exempt by the ancient laws of that country, whatever other immunities 
he might enjoy ; this being a part of the trinoda necessitas to which every man's estate was 
subject. For the most part the care of roads, only, seems to be left to parishes, that of 
bridges devolving mostly upon counties at large ; by Stat. 22 Htn. VIII, chap. 5, if the parish 
neglected those repairs they might, formerly, iis now, be indicted for such neglect ; but it was 
not tlien incumbent on any particular oiUcer to call the parish together and set them upon 
this work; for which reason by tlie stat. 2 and 3 Pli. and i)f., ckap. 8., surveyors of liighways 
■were ordered to be chosen in every pai-ish. See 1 Black. Com.^ 358. Like officers in tiie Uni- 
ted States are designated by different appellations, as surveyors, commissioners, overseers, 
supervisors, &c. 

This o,li(!e, says Mr. Dalton, (Jitst.., chap. 50,) exactly answers to that of the curatores 
vinruin of the Romans ; but it should seem that theirs was an office of rather more dignity 
and authority than that of surveyor of highways in England, not only from comparing the 
method of making and mending the iloman ways with those of the English parishes, but also 
because one T hermus,a distinguished citizen who was the curator of theFlaminian way, was 
candidate for the consulship with Julius Caesar. 

In the New England states, lilcewise, the care and superintendence of roads has been 
accepted by some of the most eminent men. Gov. Eriggs, of Massachusetts, not many years 
since, held the office of chairman of commissionei'S of highways of Berkshire (rounty, in that 
state — yet in the state of lUinois such offices are considered so burdensome that a fiine has to 
be imposed by statute upon such as refuse to accept when chosen or appointed to them. The 
state of Illinois certainly furnishes supei'ior facilities for excellent roads ; and it would seem 
that ample provisions have been made by this act, for their construction and improvement. 
Efficient officers and a proper understanding of duty, is all that is required to insure the end 
designed. 

Under our system, the construction of roads and bridges is, for the most part accom- 
plished through our township organization; the counties contributing towards the construc- 
tion of bridges, in cases where t!ie expense would be too onerous to be wholly borne by the 
towns in which they are situated. The statute in express terms gives to commissioners of 
highways when elected the care and superintendence of the highways and bridges of the 
town, and confers upon them all powers requisite for the execution of then- trust. They are 
in no way responsible to the town, but are themselves a species of (juasi corporation, with 
power to sue and be sued, having legal succession and deriving their authority not through 
the town, but directly from the statute. The towns have no power to give the slightest direc- 
tion or instruction to these officers as to the performance of their duties. — Ccmmissioners of 
Ndes V. LLu-tin, 4 Mich. R., 557. 

(2) Commissioners of highways can not bv virtue of their office bring suits to recover dam- 
ages against individuals or corporations for illegally entering upon and taking possession of 
the public highways or bridges of their to\vn. Neither have the electors of a town, at town 
meeting, power by resolution or otherwise, to authorize such commissioners to bring an ac- 
tion in their own names or in their name of office, for such injuries. Such a resolution, if 
passtid at town meeting, would not bind the town.— Cnrnfll v. Guilford, 1 Den , 510. 

In the case cited, the electors of a ^own at town meeting directed the commissioners of 
highways to prosecute a turnpike company for entering upon and taking possession of a pub- 
lic highway and bridge in that town, and the commissioners accordingly brought a suit for 
the cause of action in their names as commissioners, and had judgment against them. Heldf 

♦See Drainage Law, Appendix, p, 272. 



64 



GENERAL PROVISIONS. 



[diy. 1. 



Repairing of 
ro kds and 
bridges. 
18<51. 

Establish and al- 
ter roads. 



Describe roads 
already laid out. 



1st. To give directions for the repairing of roads and bridges in 
their respective towns, and to cause the building of bridges, when 
the pubUc interests or necessity require it.^ 

2nd. To lay out and estabhsh roads, to regulate the roads 
already laid out, and to alter or vacate such roads as they, or a 
majority of them, shall deem proper, as hereinafter provided.' 

ord. To cause such roads, used as highways, as have been laid 
out, but not sufficiently described, and such as have been used for 
twenty years, but not recorded, to be ascertained, described, and 
entered of record in the town clerk's office.^ 



that they could not sustain an action against the town to be reimbursed their costs and ex- 
penses, or the costs recovered against them in that suit. 

The electors of a town can not bind the town, except in manner prescribed by law. — lb. 
See ante. p. 13, Note 1. 

A bond taken in the names of the com m issioners of highways of a town in virtue of office, 
for the benefit of the to-.ra in its corporate capacity, and intended to relieve the taxable in- 
habitants of the town from the payment of a tax for a pubhc improvement, viz., the exten- 
sion and opening of a public highway, can not be enforced against the obligors ; the commis- 
Bioners having no authority to take a bond of that nature and the general policy of the law 
forbidding such a transaction. So held, notwithstanding the improvement was intended to 
be a village improvement, local in its character, from which the inhabitants of the town at 
large would derive little or no advantage, and the obhgors as residents of the village, or owning 
property there, were, for the sake of the benefit to the village, ^nlling to assume the cost of 
the improvement and indemnify the town. — Webb and others y. Albertson and others, 4 
Barb., 51. 

(1) Chancellor Kent, in speaking of the duty of commissioners of highways, in keeping 
roads in repair, says : This seems to be a general duty, applicable at aU times, and in all 
places ; yet when we come to read the details of their duty, we perceive it does not exist ab- 
solutely, but arises only when the commissioners have money in hand from forfeitures and 
penalties, or which have been paid over to them under the direction of the supervisors. — 17 
Johns., 452. The powers of the commissioners of highways are co-extensive with the territory 
included in the pubhc way and they may work and improve every part and parcel of it, at 
pleasure, being only responsible for a wanton or malicious injury to the rights of the adjacent 
owners. In villages or other thickly settled portions, where their powers are not superceded 
by acts of incorijoration, or otherwise abridged, they may malce reasonable and suitable pro- 
visions for walks or passways for foot passengers, at the tides of the streets or highways. — 
Graves ^ White v. Otis and others, 2 Hill, 466. 

(2) A town can not by vote, authorize or compel the conmiis.«ioners of highways to lay our, 
alter or discontinue a particular to^vn way or pubhc road ; their duty being expressly pointed 
out by law, and they can only act in obedience to its provisions. — Keen v. Stetson^ 5 jPtcAr., 
492. For duty of commissioners in this respect, see post, section 51. 

(3) Under this provision of the law it will be the duty of the commissioners, "without re- 
quest or petition, to proceed at once to re-sui-vey all such roads as they shall deem not suflS- 
ciently described, as well as such as have been used for twenty years, but not recorded, that 
the same may become a matter of tovm. record, and their precise location be the more easily 
determined, which may avoid any disputes between parties interested that might otherwise 
arise. The former ^vill doubtless include most of the roads wliich have been laid out and es- 
tablished by virtue of county authority ; and, indeed, it has been the policy of very many 
towns to cause all such roads indiscriminately to be resurveyed for the convenience of a perfect 
record in the immediate neighborhood, but their authority to do this where roads are already 
euflicieutly described, may well be questioned. Twenty years uninterrupted user of awayi.s 
prima facie evidence of a prescriptive right.— 1 Saund., 32.3 alO East 476—2 Wills, 532 Br. ^ 
Jiing, i03. Cowp., 215 

Hence all such roads as have been used and traveled by the public for twenty years without 
interruption, become pubhc highways by prescription, which in law is defined to be the man- 
ner of acquiring property or any particular right, by a long, honest and uninterrupted pos- 
session or use during the time required by law. — Bouv. L. Diet., title '■'Prescription.''' 

The public may acquire the right to the use of land as a highway, by dedication, by use in 
the nature of prescription, or by condemnation; and the uninterrupted use of land for a 
highway for the period of twenty years, is sufficient to establish the existence of a highway. 
The fact of dedication, upon a conflict of testimony, in case of contest, is left to the jury, and 
their finding will not usually be disturbed.— Da «!f/5 v. the People, 21 Bis., 439. 

The pubhc, however, have not the right to use and occupy the soil of an individual adjoin- 
ing navigable waters, as a public landing and place of deposit of property in its transit, against 
the will of the o^vner, although such user has been continued for more than twenty years. 
The user can not be urged by the pubhc either as the foundation of a legal presumption of a 
grant, and thus justify a claim by prescription, or as evidence of dedication of the premises 
to pubhc use.— Pearsall v. Post, 20 Wend., 111. S. C. on Error, 22 Wend. ,425. 

The act authorizing conmiissioners of highways to ascertain, describe and enter of record, 
roads used as public highways for twenty years, confers no authority upon them to adjudge 
what was originaUy intended in relation to the width or location of the road, any further 
than such intention is manifested by actual user, and they can not increase the width of the 



ART. 17.] ROADS, HIGHWAYS AND BRIDGES. 65 

4th. To cause the highways and bridges, which are or may be nighwajs over 
erected over streams intersecting highways, to be kept in repair.^ streams. 

5th. To divide their respective towns into so many road districts Divide town into 
as they shall deem convenient, by writing, under their hands, to be ^°^^ (listncts. 
lodged with the town clerk, and by him to be entered in the town 
book. Such division to be made annually, if they shall think it 
necessary ; and in all cases to be made at least ten days before the 
annual town meeting.'' 

road or change its location. If the commissioners, in such cases, encroach upon lands which 
do not belong to the highway as it had been actually opened and used, the o\vner thereof, can 
not take his remedy by appeal, as in other casies, but must seek it in some other form. — 24 
TFenf/., 491. 

Though the statute requires public roads to be laid out four rods wide, and when they are 
laid out under the statute they are deemed to be that width ; yet where they are claimed not 
as being laid out under the statute, but by reason of a user for twenty years or more, they 
may be less than four rods wide. — Harlan v. Harriston, 6 Cow., 189. 

It seems that whether the highway is by user only or by the statute, it must be of the width 
prescribed by law, where the dedication or donation is not expressly or impliedly restricted 
by the ONvner ; when not so restricted, it is not confined to the mere track which is beaten by 
carriages and the feet of animals, in passing along, but includes and carries with it the width 
as provided by statute. — Bumpers v. Miller, 4 Mick. R., 164. 

Where commissioners of highways proceed under this act to describe a road more suffi- 
ciently which has been formerly laid out but not sufficiently described, they evidently have 
no authority to change the width of the road — they can only determine the location of the 
roa4 in question. — Bumpers v. Miller, 4 Mich, i?., 161. 

2^or7n of order of Commissioners of Highways for ascertaining a road imper^ 
fectly described or not recorded. 



Lake County, ) 
Town of Avon, ] ' 



Whereas, a road leading from Hainesville, northward to the Fox River 
road, in said town of Avon, and now used as a highway, was laid out by the 

commissioners of highways of said town, on the — day of , A. D. 18 — , 

{or, by authority of the County or County Commissioners' Court, as the case 
may be,) but which is not sufficiently described of record, {or, has been used 
for twenty years for such highway, but has never been recorded.) 

Now, therefore, we the undersigned commissioners of highways for the 
said town of Avon, do order that said road be ascertained, described and en- 
tered of record in the clerk's office of said town, according to a survey which 
has been made under our direction, as follows : {here insert the survey.) 
And we do further order that the line of said survey be the center of said 
road and that the same be of the width of — rods. 

Given under our hands this — day of , A. D. 18 — . 

Nahum White, ^ Commissioners 
Orville Slussek, y of 

Wm. H. Hall, ) Highways. 

(1) It seems thatwhere a bridge is built by an individual over a natural stream, for hisQ-wn 
benefit, if the bridge be of public utility and is used by the pubhc, they are bound to keep 
it in repair ; but not so when the necessity for the bridge is created by the individual. — 
Dys^ert ^. Schenck, 23 Wend., 446. 

Commissioners of highways are not bound to build or repair bridges when not in funds to 
defray the expenses. — 7 ^Vend., 474. 

An indictment against commissioners of highways is defective unless it aver that the de- 
fendants had funds or other means to defray the expenses.— 2 Hill., 619. 

At common law, the counties and not towns were liable to build and repair the necessary 
bridges and the remedy for neglect was by indictment.— 17 Johns., 452. 

'^Form of Order dividing Town into Boad Districts. 
Kendall County, ) 
Town of Osv>ego, \ ^^■ 

We, the commissioners of highways for the said town of Oswego, do hereby 

order that said town be divided into road districts, as follows : — Road 

district number one shall embrace all of the highways contained within the 
following territory, (or boundaries, giving the description by sections^ or out- 

5 



1S54. 



Q6 GENERAL PROVISIONS. [DIV. 1. 

To assign road 6th. To assigii to eacli of the said road districts such of the 
labor. inhabitants habie to work on highways as they shall think proper, 

having regard to proximity of residence, as much as shall be ; and, 
Woridngofhigh- 7th. To require the overseers of highways, from time to time, 
Avays. jjjj^j ^g often as they shall deem necessary, to warn all p-ersons to 

PCCTs to warnper- ^ork on highways to come and work thereon, with such iinple- 
Bous to work. ments, carriages, sleds, cattle, or teams, as the said commissioners, 

or any of them, direct.^ 
Commissioners to § 2. At the first meeting of the commissioners of highways, 
choose treasurer, aftg^ they shall have been duly elected and qualified, they shall 
proceed to choose one of their number treasurer. The treasurer 
so chosen shall receive and have charge of all moneys raised in 
the town for the support and maintenance of roads and bridges. 
He shall hold such moneys, at all times, subject to the order of the 
commissioners of highways, and shall pay them over upon their 
order, or a majority of said commissioners, and not otherwise. He 
Shall give bond, shall execute bond, with good and sufficient security, in such 
manner as the supervisor and town clerk shall determine, condi- 
tioned for the faithful discharge of his duties as such treasurer, 
and that he will honestly and faithfully account for and pay over, 
upon the order of the commissioners of highways, all moneys that 
shall come to his hands by virtue of his said office — which bond 
shall be payable to the supervisor of the town and his successor in 
office, and be approved by the supervisor and town clerk, and filed 
in the town clerk's office.'' 

ward boundaries, as may he thought proper,) and all the inhabitants liable to 
work on the highAvays residing therein, shall be and are hereby assigned to 
work on the highways in said district number one. District number two shall, 
&c., {continue as aforesaid, until the whole town is diviffed.) 

Given under our hands this — day of A. D, 18 — . 

Alfred Edson, ) Commissioners 
E. DouD, |- of 

0. H. Sherwood, ) Highways. 

(1) There has been some confusion in the laws in reference to the jurisdiction of roads in 
counties adopting township organization : by tlie terms of this act it is conferred upon the 
commissioners of highways, but by a subsequent Act of the Legislature, entitled '• An Act to 
amend chapter 93 of the Revised Statutes, and to locate certain roads," approved February 
17th, 1851, and which went into effect April 17th, 1851, (See Sa.s. Laivs 1851.;?. 179, § 19.) 
it is provided " That the county courts of the several counties of this state, shall have the su- 
pervision and control of all roads and public highways within their respective counties, 
■whether such county be organized under or by virtne of the '• township organization law" or 
otherwise, and shall be governed by the several laws of this state relating to roads and public 
highways previous and at the timeof such organization, and all laws and parts of laws coming 
Trithin the purview of tliis act, or inconsistent therewith, be and the same are hereby 
repealed." 

This law continued in force until the session of 1853, when the following act was passed ; 

' An Act to amend an Act entitled ' an Act to amend chapter ninety-three of the ''llevised 

Statutes and to locate certain Roads. 

Section 1. Be it enacted by the People of the State of Illinois, represented in the General 
Assembly, That so much of the nineteenth section of the above recited Act as gives to the 
county court supervision and control of all roads and pubUc highways in counties which bave 
adopted township organization, be, and the same is hereby repealed. 

§ 2. This Act shall be in force from and after its passage. Approved February 12th, 1853." 

Thus it would seem that from April 17, 1851, to February 12, 1853, the county court, even 
in counties adopting township organization, had the supervision and control of all roads and 
public highways within their respective counties. 

2 jf'oryyi of Bond of Treasurer of Commissioner of Highways. 

Know all men by these presents, That we, Thomas Ralsion^ as princi- 



ART. 17.] HIGHWAYS — COMMISSIONERS. 67 

§ 3. The commissioners of highways, of each town, shall render Report of com- 
to the board of town auditors, at their annual meeting for auditing highwSyfto^ 
the accounts of town officers, an account, in writing, stating: town auditors. 

1st. The labor assessed and jDcrformed in such towns. 

2d. The sums received by such commissioners for fines and 
commutations, and all other moneys received under this act. 

3d. A statement of the improvements necessary to be made 
on such roads and bridges, and an estimate of the probable expense 
of making such improvement, beyond what the labor to be assessed 
in that year and the road tax Avill accomplish. 

4th. Also, a statement, in writing, of all expenses and damages, 
in consequence of laying out, altering or di.continuing roads. 

oth. Also, a statement of the amount received from the col- 1861. 
lector of the town, or from any other source, up to the time of such 
statement, and the manne»r in which the same, if any sum, has 1857. 
been paid out and expended, to whom, and on what account.^ 

pal and Robert Ralston and Charles Hasken^ as sureties, are firmly held and 
bound to Wilber D. Armstrong^ supervisor of the town of Harlem, in the 
county of Winnebago, and to his successors in office, in the penal sum of 
■ dollars, which payment to be well and truly made, we do bind our- 
selves, our heirs, executors or administrators, jointly and severally, by these 
presents. 

The condition of this obHgation is such, that whereas, the above bounden. 

Thomas Ralston, wa-s on the — day of , 18 — , duly chosen treasurer of 

the board of commissioners of highways of the said town of Harlem, and is 
about to enter upon the performance of the duties of said office. Now, 
therefore, if the said Thomas Ralston, as such treasurer, shall honestly and 
faithfully account for, and pay over upon the order of the commissioners of 
highways of said town, all moneys that shall come into his hands by virtue 
of his said office, then this obhgation shall be void, otherwise to be in full 
force. 

Witness our hands and seals, this — day of , A. D. IS — . 

ToHMAS Ralstox, [seal.] 
Robert Ralston, [seal.| 
Charles Hasken, [seal.] 

"^Form of Account of Commissioners of Highioays to he rendered to Town 

Auditors. 
To the Board of Town Auditors of the town of Antioch in the county of 

Lake, and state of Illinois : 

The annual account of the commissioners of highways of Antioch, for the 
year ending the — day of , A. D. 18 — , showeth as follows, to xnt: 

1st. The labor assessed in said town during the year ending on the — 

day of , A. D. 18 — , is days, and the amount of said labor 

actually performed is days, as appears by the returns made to us by 

the several overseers of highways in said town. 

2d. We have received for fines and commutations, and from other sources, 

under the statutes relative to highways, the sum of dollars, as follows, 

t-o wit: 
1856. 
July 6. From Ira R. Webb, as balance of money received by him 

as overseer, $ T.SY 

Oc-t. 9. From John Smith, penalty for refusing to serve as overseer, 10.00 

3d. The improvements necessary to be made on the roads and bridges in 
said town are as follows: {Here state what improvements are necessary.) We 
estimate the probable expense of making such improvements, beyond what 



68 GENERAL PROVISIONS. [DIV. 1. 

Guide-board. § 4. It sliall be the duty of the commissioners of highways of 

each town to cause suitable guide-boards ^ to be put up at such 
places as they may deem necessary. 
Scraperand § 5. The commissioners of highways, whenever they shall 

plows. think it necessary, may direct and empower any overseer of high- 

ways, in their respective towns, to procure a good and sufficient 
iron or steel-shod scraper and plow, or either of them, for the uses 
of his road district, to be paid for by moneys arising from commu- 
tation and fine within the district. 
Meetings of § 6. The Commissioners of liighways of each town shall meet, 

commissioners, "within eighteen days after they shall be chosen, at the town clerk's 
office, on such day as they shall agree upon, and afterwards at such 
other times and places as they shall think proper. 
Assessment of § '^ ' The towu clcrk shall deliver the hsts filed by the over- 

highway labor, seers to the commissioners of highways of the town, who shall 
proceed to ascertain, estimate and assess the highway labor and 
road tax to be performed and paid in their town the next ensuing 
year. 
Assessmept of § 8. 1st. Every male inhabitxmt, being above the age of twen- 

poii tax. ty-one years and under the age of fifty, (excepting paupers, idiots, 

lunatics, and such others as arc exempt by law,) shall be assessed 
1861. not less than one nor more than two days in each and every year. 

Road tax on real 2nd. The commissioners of highways shall assess a road tax 
1S61.*^' ^^^ ^^1 ^6^1 estate and personal property liable to taxation of the 

town, to any amount they may deem necessary, not exceedingly 



the labor to be assessed this year, and the road will accomplish, at 

dollars. 

4th. The expenses and damages in consequence of laying out, altering 

and discontinuing roads during the year ending as aforesaid, amount to the 

sum of dollars, as follows : 

Total expenses in laying out road leading from {Jicrcdeacrihe the road,) $ Y.OO 
Damages allowed on same, 40.00 

Total expenses in altering and discontinuing part of road from {here 

describe the road,) 8.00 

Damages allowed on same, 50.00 

5th. We have received of the collector of the town, up to the time of 

rendering this account, the sum of eighty-four dollars, (.$84.00,) and have 

paid out the same as follows: 

Paid to A. B., C. D., and E. F., for three days' labor, each, at $1.00 

per day, in repairing highways at {atatc location,) $9.00 

Paid to John Carpenter, in full on his contract for building bridge 

at (litate location of bridge,) To. 00 

$84.00 

(If any balance remain, saj/ :) Leaving in our hands a balance of , 

on account of money received from the collector. 

Given under our hands this day of , A. D. 18- 



H. Pt. Farrman, ) Commissioners 

Christopher P. Webb, >- of 

Gardner M. Hastings, ) Highways. 



A town has no authority, however, to raise money to aid in the construction of a road 
which by law is to hi made at the expense of the county ; and consequently a tax laid by 
the town for the purpose of collecting the money is Ulegal and void. So held in Massachu- 
setts. — Pearson v. Goshen, 17 Fick., 396. 



ART. 17.] HIGHWAYS — COMMISSIONERS. 69 

twenty cents on each one hundred dollars' worth, as valued on the 
assessment roll of the previous year. 

3d. They shall affix to the name of each person named in the Number of days 
lists, so furnished by the overseers, the number of days assessed to [f^^^*^ ^^^<i ^'^ 
each person for highway labor, personal property, and also ai86i. 
description of each tract of land, and the name of the owner, if Description and 
knoA'VTi, ^vith the valuation thereof, as taken from the assessment ^^"^^ °^ ^'"^• 
roll of the previous year, and the amount of road tax assessed 
thereon, in a separate column. The Hsts so prepared shall be sub- 
scribed by the commissioners and deposited with the town clerk, 
to be filed in his office.^ 

'^Forin of Order of Commissioners assessing highway labor and road tax. 

Lake County, ) 

Town of WaiiTcegan, ) 

At a meeting of the commissioners of higliways of said town of WauTcegan 

at the town clerk's office, in said town, on the — day of , A. D. 

18 — , the said commissioners having proceeded to ascertain, estimate, and 
assess the highway and road tax to be performed and paid in said town the 
ensuing year, do estimate and assess two days' highway labor to each and 
every male inhabitant in said town, liable to be assessed for highn^ay labor, 
to be performed in said town the ensuing year; and we do assess a road tax 
of twenty cents on each one hundred dol-lars worth of real estate and pei^sonal 
property, liable to taxation of said town, as valued on the assessment roll 
of the past year, to be paid in said town the ensuing year. 

Witness our hands this — day of , A. D. 18 — . 

Norman Phillips, ) Commissioners 
Wm. C. Newman, [ of 

James Wiseman, ) Highways. 

Form of List of Assessment of highway labor. 
Lake County, 
Town of Fremont^ 

We, the commissioners of highways of the said town of Fremont, having 
proceeded to ascertain, estimate and assess the highway labor and road tax 
to be performed and paid in said town the ensuing year, have made out the 
estimate and assessment for road district number ojie, in said town, to wit: ■ 

The inhabitants of said town, assigned to said road district, are assessed 
for highway labor as follows, viz, : 

NAMES. I NO. OF DAYS. 



Hurlburt Swan, 
Isaac H. S^nith, 



Given under our hands this — day of , A. D. 18 — . 

Robert Lyon, J Commissioners 

Hobert E. Swan, >- of 

Thomas H. Payne, ) Highways. 

The town clerk will make a copy of the foregoing list. 

Robert Lyon, ^ Commissioners 

HoBERT E. Swan, > of 

Thomas H. Payne, ) Highways. 

Form of List of Assessment of road tax. 
Lake County, [ 

Town of Fremont, \ ^^' 

We, the commissioners of highways of the said town of Fremont, having 



70 



GENERAL PROVISIONS. 



[div. 1 



Clerk makft 

copies of list. 

1861. 

Copies delivered 

to overseers. 



Subsequent addi- 
tions to the lists. 



Credit to persons] 
living on private 
roads. 



Posting of notices 
after amount of 
road tax is filed. 
1861. 



§ 9. The commissioners shall direct the clerk of the town to 
make a copy of each list, and shall subscribe such copies; after 
wliich they shall cause the several copies to be delivered to the 
respective overseers of highways of the several districts in which 
the highway labor is a^isessed; one copy for each overseer shall 
•contain the name and number of days assessed to each person, the 
other the real and personal property road tax. 

§ 10. The names of persons left out of any such list, and of new 
inhabitants, shall from time to time, be added to the several lists, 
and they shall be rated by the overseers in the same proportion to 
work on the highways as others rated by the commissioner's on 
such list, subject to an appeal to the commissioners. 

§ 11. It shall be the duty of commissioners of highways of each 
town to credit such persons as live on private roads and work the 
same so much, on account of their assessment, as such commission- 
ers shall deem necessary to work such private road, or to annex 
such private road to some of the highway districts. 

§ 12. The toAvn clerk shall, within ten days after the commis- 
sioners of highways have filed in his office the amount of road tax 
assessed on the real and personal estate of the towns, post a notice 
on the outer door of the house where the town meeting was last 
held, stating the amount of road tax assessed on each one hundred 
dollars' worth of the real and personal estate of the town, and that 
all persons interested can pay the same in labor on the highways, 
under the direction of the overseer of highways, in the district 
where the land or personal property is situated.^ 



proceeded to ascertain, estimate, and assess the highway labor and road tax 
to be performed and paid in said town the ensuing year, have made out the 
esthnate and assessment of the lands situated in road district number one, 
Avith the names of the owners so far as known for road tax, as valued on 
the assessment roll of last year, to wit, A. D. 18 — , as follows: 



NAME DESCRIPTION 

OF OWNER. I OF LANDS. 

Hurlburt SwanTl N^ AV7i Secril^ 
James S. Clark, S. W. i • " " 



NO. I VALUE TOTAL I AM'T VALUE OF AM'T TOTAL. 

ACRES. I PER ACRE. I VALUE. \ TAX. |pER. PROP.|oFTAX. | TAX._ 

"'l60"T' 820.00' ]¥3^U0i)0 1 S;U40(r[S]7i00;(^ 
160 20.00 3;200.00 6.40c. 800.00 1.60 8.00 



Givan under our hands this — day of , A. D. 18 — , 

Robert Lyon, 1 Commissioners 

HoBERT E. Swan, > of 

Thomas H. Payne, ) Highways. 

The town clerk will make a copy of the foregoing list. 

Robert Lyon, ^ Commissioners 

HoBERT E. Sw^an, > of 

Thomas H. Payne, ) Highways. 



Note.— It seems that the personal property road tax of an individual, if not paid, should 
he returned with his land tax, to be levied upon the land, and collected and paid over 
to the commissioners the same as the land tax. See />o,<!i, sections 43 and 46. A V here the 
individual has no land assessed the rcm?dy for the recovery of his personal property tax, is, 
n-o doubt, by an action in the name of the town, to be prosecuted in the same manner as 
ordinary actions in favor of the town; and this is an appropriate remedy to enforce the pay- 
ment of a tax. without regard to the remedy given by distress.— See Rijjin v. Gallatin Co., 
14 Ills., 83. Glancey v. Elliott, Id., 458. Dunlap v. Gallatin Co., 15 Id., 9. 

'^Form of Notice of assessment of property tax. 
Notice is hereby given that the amount of road tax assessed on each one 



\ 



ART 1,7.] BRIDGES. 71 

§ 13. If the commissioners of highways shall refuse or neglect Neglect of duty 
to perform any of the duties enjoined on them by this act they ^Jg.''"™™^^^''^* 
shall severally forfeit, to the town, not less than five nor more than Penalty. 
fifty dollars, and may be proceeded against, severally, for the^^*^^* 
recovery of said forfeiture. 

BRIDGES. 

§ 14. Wlienever it shall be necessary, in any town, to build ^ Jj^^^®^®'^*^^ 
bridge, the cost of which shall be more than can be raised by ordi- 1854. 
nary road taxes, the commissioners of highways shall lay before 
the town auditors of such town a statement of the amount of ^^*^™*'^^L.^ 
money necessary for the construction thereof, and said board oi ry. 
auditors shall certify the same to the board of supervisors of the 
county in which such town is situated. The amount so certified 
shall, by said board of supervisors, be levied on the taxable prop- 
erty of such town and collected by the collector thereof, in the 
same manner as other taxes are levied and collected.^ 

§ 15. The commissioners of highways of each town may, when Fast driving over 

. . bridges. 

huudred dollars^ worth of real estate of the town oi McIIenry^ in the county 
of Mclleiiry, for the ensuing year, is twenty cenU^ and that all persons inter- 
ested can pay the same in labor on the highways, under the direction of the 
overseers of highways in the districts where the land is situated. 

Alex. H. Xixon, Town Clerk. 
Dated at McHenry^ May 1st, 18 — . 

'^Form of Statevient by Cojnmissioncrs of amount necessary to build a 

Bridge. 

Statement of the amount of money necessary for the construction of a 

bridge in the town of Wanconda^ in the county of Lake, over the river, 

the building of which is deemed necessary. 

The total cost of building said bridge will be $1,000.00 

The amount which can be raised by ordinary road taxes is 500.00 



Leaving a balance necessary for the construction thereof of $500.00 

Dated this — day of , A. D. 18—. 

Thomas Dillon, \ Commissioners 
Seth Hill, V of 

Joseph Walton, ) Highways. 

Form of Certificate of Auditors to Statement of amount for building bridge. 
To the board of supervisors of the county of Lake^ state of Illinois. 

We, the board of town auditors of the town of Wanconda, in said county, 
do hereby certify : that it appears from a statement made by the commis- 
sioners of highways of said town bearing date the - — day of , A. D, 

18 — , and laid before us, that the cost of building a certain bridge necessary 

in said town, over the river, is more than can be raised by ordinary 

road taxes, and that the further sum oi five hundred dollars is necessaiy for 
the construction thereof. 

In witness whereof, we have hereunto set our bands this — day of A. D. 

18—. 

Andrew Cook,1 
Geo. J. Tower, 1 Town 
Justus Bangs, j Auditors. 
Clark Gale, J 



'72 



GENERAL PROVISIONS. 



[diy. 1. 



1861. 

Notice to pro- 
hibit. 



Penalty. 
1861. 



Injxiry to bridge, 

1861. 



Bridges upon 
town boundaries. 
1861. 



Joint contracts 
for building. 
1861. 



Neglect to per- 
forLi contract. 



Suit maintained. 
1861. 



tliey shall deem it advisable, put up and maintain, in conspicuous 
places, at each end of any bridge in such town, maintained at the 
public charge, a notice with the following words, in large charac- 
ters : " Five dollars tine for riding or drivmg on this bridge faster 
than a w^alk." 

§ 16. Whoever shall ride or drive, faster than a walk, over 
any bridge, upon which such notices shall have been placed and 
shall then be, shall forfeit to the town, for every such offense, the 
sum of five dollars. 

§ 17. Whoever shaU purposely injure any bridge or causeway, 
maintained at the pubHc charge, shall, for every offense, forfeit to 
the town treble damages. 

§ 18. Whenever any adjoining town shall be liable to make or 
maintain any bridge or bridges over any stream dividing such 
towns, or on the hne dividing such towns, such bridge or bridges 
shall be built and repaired at the equal expense of said towns, 
without reference to the town lines. 

§ 19. For the purpose of building or keeping in repair such 
bridge or bridges, it shall be lawful for the commissioners of high- 
ways of said adjoining towns to enter into joint contract ; and such 
contracts may be enforced, in law or equity, against such commis- 
sioners, jointly, the same as if entered into by individuals ; and 
said commissioners may be proceeded against, jointly, for any 
neglect of duty in reference to such bridge or bridges.^ 

§ 20. If the commissioners of highways of either of such 
towns, after reasonable notice in writing, from the commissioners 
of highways of any other of such towns, shall neglect or refuse to 
rebuild or repair any such bridge or bridges, it shall be lawful for 
the commissioners so giving notice to make or repair the same, and 
then to maintain a suit, in their official capacity, against said com- 

'^Form of Contract betweeii Co7ninissio7iers of Highways of adjoining toivna, 
for hxdlding bridge. 

This contract made and entered into this — day of , A. D. 18 — , by 

and between A. B., C. D. and E. F., commissioners of high-ways of the town 
of Byron^ in the county of Ogle and state of IlUnois, of the one part, and 
G. H., I. J. and K. L., commissioners of highways of the town of JIariony 
in said county, being adjoining towns, witnesseth, that said towns having 
become liable to make a bridge across Eock river, a stream dividing such 
towns, said commissioners, in consideration of the premises and of the 
agreement hereinafter set forth, to be Ivcpt and performed by the respective 
parties, do contract and agree, that said bridge shall be built over said river 

where the road leading from , to , crosses the same, on the line of 

the center of said road : that said bridge shall be of the following plan and 
materials, to wit : {Set forth brief y the plan and materials, where such is 
made part of the contract.) That the building of said bridge shall be let by 
contract within one month from the date hereof, to the lowest bidder, who 
shall be required to complete the same within three months from the date of 
accepting his bid. That the letting of said contract, the prosecution of the 
work and acceptance thereof shall be under the joint supervision and direc- 
tion of said parties hereto, and their successors in office, and that the com- 
missioners of each town will promptly furnish and pay over the due propor- 
tion of money that their said town may be liable for, in building said bridge, 
as the payments shall become due upon the contract for building thereof. 



ART. 17.] BRIDGES. 73 

missioners so neglecting or refusing to join in such making or 
repairing ; and in such suit the plaintiff shall be entitled to recover 
one-half of the expenses of such building or repairing, with costs 
of suit and interest.^ 

§ 21. Any judgment recovered against the commissioners of Judgments 
highways, in their official capacity, under the provisions hereof, Scts a torm^' 
shall be a charge on said town, and collected in the same manner charge. 
as other town charges, except in cases when the court, before 
which the judgment shall be recorded, shall certify that the neglect 
or refusal of said commissioners was willful or malicious ; in which Exception. 
case said commissioners shall be personally liable for such judg- 
ment, and the same may be enforced against them in the same 
manner as against individuals. 

§ 22. Any persons owning lands on both sides of any public Crossings for cat- 
highway shall be entitled to the privilege of making a crossing *^®* 
under said highway for the purpose of letting his or her cattle and i86l. 
other domestic animals cross said road: provided, said person proviso, 
shall erect at his own expense a good and substantial bridge, with 
secure raiHng on each side thereof, and build an embankment of 
easy grade on either side of said bridge. Said bridge to be not 
less than sixteen feet wide, to be approved by the commissioners, 

In witness whereof, the said parties have hereunto set their hands and 
seals, the day and year first above written. 

In presence of ) . A. B., [skal.; 

) C. D., [seal." 

E. F., [seal.' 
Commissioners of Highways of tlie town of Byron. 

G. H., [seal." 
I. J., [seal. 
K. L., [seal.' 
Commissioners of Highways of the town of Ifarion. 

Note.— The foregoing form can be varied or enlarged to suit the circumstances of particu- 
lar cases, or the desire of parties. 

^Form of Notice to Comrnissiomrs of Highwaya of adjoining towns to join 

in perfonnifig contract to build bridge. 
To A. B., C. D. and E. F., commissioners of highwavs of the town oi Byron. 
county of Ogle : - ^ » 
You are hereby notified to fulfill on your part, the contract entered into 
by you, {or by your board) with the undersigned commissioners of highways 
of the town of Marion in said county, {or with the commissioners of high- 
ways of the town of Marion in said county,) the — day of , A. D. 

18—, for building a bridge over Rock river, at the point where the road 
leadmg from to , crosses said river, by {here set forth the perform- 
ance required as stipulated in the contract,) and 'that unless you shall so per- 

lorm on your part within davs from this date, the undersigned, said 

CoramLssioners of highways, will proceed as empowered by law, and com- 
plete said bridge, and will claim of you the due proportion of the expense 
thereof, chargeable to your town. 

Dated at Marion, this •— day of , A. D. 18—. 

E. F., ) Commissioners 
G. H., I of 

I. J., ) Highways. 



74 GENERAL PROVISIONS. [DIV. 1. 

and to be kept constantly in good repairs by the owner or occu- 
pant of said land, subject to the direction of said commissioners of 
highways. 

OVERSEERS OF HIGHWAYS. 



ways. 



Vacancy in office 



duties of over- § 23. It shall be the duty of overseers of highways in each 

seers of high- tOWn : 

1st. To repair and keep in order the highways within their sev- 
eral districts for which they shall have been elected.^ 

2d. To warn all persons from whom road labor is due to work 
on the highways, at such times and places, within their several dis- 
tricts, as they may think proper.^ 

3d. To collect all fines and commutation money, and to execute 
all kiwful orders of the commissioners of highways. 

4th. To deliver to the clerk of the town, Avithin sixteen days 
after their election or appointment, a list, subscribed by such over- 
seers, of the names of all the inhabitants in his road district, who 
are liable to work on the highways.^ 

24. If any person, chosen or appointed to the office of over- 
of overseer. sccr of highways, shall refuse to serve, or if his office shall become 
vacant, the commissioners of highways of the town shall, by Avar- 
rant, under their hands, appoint some other person in his stead; 
and the overseer so appointed shall have the same powers, be sub- 
ject to the same orders, and liable to the same })enalties, as over- 
seers chosen at the town meeting.* 
Appointment to § 25. The Commissioners making the ap])oIntment shall cause 
be hied. such warrant to be forthwith filed in the otlice of the town clerk, 

who shall give notice to the person appointed, as in other cases. 

(1) An overseer of highways is bound to remove obstructions from the highways Avithin hi.i 
district, although not specially directed to do so by the commissioners. — McFadden v. King.'i' 
burl/, 11 Wend., UG7. 

(2) Labor a.ssessed for highway pui-poses can only be bestowed upon such roads or liigh- 
"ways as are established by law. When lands are dedicated by the owner to public use as 
streets, they do not become pubUc highways until accepted as such by the public iiuthoii- 
ties. — Osu'f^o V. Osicfi^o Canal Co., 2 Sflden, 263. Town.ships under t)ie lav/ of this state 
could probably only accept of .such dedication by the action of commissioners of highways, 
upon proper petition, as in other cases of roads or highways, 

^Fortn of Over.'icer'^s List of inhabitants liable to work on. the Jtighways. 
Stephenson County, ) 
Town of Buckeye, ) 

I, /. H. Adams, overseer of highways for road district number , in 

said town of Buckeye, do certify that the following is a true and correct list 
of all the inhabitants in said road district, who are Hable to work on the 
highways, viz.: {Here insert the names.) 

Dated this — day of , A. T>. IS—. J. H. Adams, 

Overseer of Highways. 

^Form of Appoi7itment of Overseers of Highways in case of vacancy. 
'Winyiebayo County, ) 
Town of Butler, \ 

Vv'hereas, a vacancy has occurred in the office of overseer of highvrays, 

for road district No. , in said town, by reason of the removal {or refusal 

to serve, or death, as the case may be,) of elected to said oiT' >■ 



ART. IT.] HIGHWAY LABOR. 75 

§ 26. Every overseer of highways, who shall refuse or neglect Neglect of duty. 
to perform any of the duties hereinbefore enumerated or which 
may be lawfully enjoined on him by the commissioners of high- 
ways of his town, shall for every such refusal or neglect, forfeit Penalty. 
the sum of ten dollars, to be sued for by the commissioners of high- iiow applied. 
ways of the town, and, when recovered, to be applied by them in 1861. 
making- and improving the roads and bridges therein.* 

HIGHWAY LABOR AND ASSESSMENT. 

^ 27. It shall be the duty of overseers of hidiways to give at Labor on iiigh- 

•, -, t",,-.ii t^ii-i ways. Notice to 

least three days notice to all persons assessed to work on highways perform. 
and residing within the limits of their respective districts of the 
time and place when and Avhere they are to appear for that pur- 
pose, and with what implements; but no person being a resident 
of the town, shall be required to work on any highway other than 
in the district in which he resides, except he resides in a district "^^ere to work. 
on a town line, Avhich district belongs to an opposite town, and un- 
less he, shall elect to work in some district where he has any land ; 
and in such case he may, with the approbation of the commission- 
ers of highways, apply the work assessed in respect to such land 
in the district in which the same is situated.^ 

§ 28. Every person, liable to work on the highways, shall Commutation for 
work the whole number of days for which he shall have been as- 
sessed; but every such person, other than an overseer' of highways, 
may elect to commute for the same, or for some part thereof, at the 
rate of seventy-five cents per day; in which case such commutation 75 cents a day. 
money shall be paid to the overseer of highways of the district in 
which the person commuting shall reside, to be applied and ex- 

Now, therefore, we, the undersigned, commissioners of highways of said 
town, do hereby appoint C. M. Friesely, to be overseer of highways of and 

for said road district No. , in said town, to fill said vacancy. 

Given under our hands this — day of , A. D. 18 — . 

Ezra M. Milleh, ^ Commissioners 
Almon Whekler, y of 

James B. Johnson, ) Highways. 

The form of notice used in case of appointment of town officers, may be used in tliia 
case, ■with little variation, to suit the occasion. — See ante. p. 41. 

(1) An overseer of highways is not liable to a private action for any error of judgment in 
the execution of his trust. He is only responsible for any neglect or refusal under the sec- 
tion of the act which subjects him in such case to a penalty. — Freeman y. Cornicell, 10 
Jolin.s , 470 

If, however he acts maliciously or oppressively, it is otherwise. — 5 Johns., 125. 

(2) This notice is not required by the law to be reduced to writing, but should the overseer 
think to give notice in writing, he can adopt the following form : 

Form of Notice to person to work on the Highway. 
To Mr. Daniel Rose : — 

Sir: — You having been assessed a poll tax of two days, to be worked on 
the highways in road district number — , in the town of Young Hickory, are 
hereby notified to appear with {state with ivhat implements) on the — day 
of , 18 — , at — o'clock in the forenoon, at {state the place) for the pur- 
pose of working said highway poll tax. 

Dated this — day of , 18 — . 

John S. Gardner, Overseer of Highways. 



76 



GENERAL PROVISIONS. 



[div.1. 



Time allowed to 
commute. 



Teams and tooLs 
to be furnished. 



Work in person 
or by substitute. 



Hours of labor. 



Penalty for idle- 
ness. 



pended by such overseer in the improvement of the roads and 
bridges in the same district. 

§ 29. Any person intending to commute for his assessment, or 
any part thereof, shall, Tvdthin twenty -four hours after he shall be 
notified to appear and work on the highways, pay the commutation 
money for the work required of him by such notice ; and the com- 
mutation shall not be considered as complete until such money be 
paid. 

§ 30. Every overseer of highways shall have power to require 
a team or a cart, wagon or plow, with a pair of horses or oxen and 
a man to manage them, from any person having the same within 
his district, who shall have been assessed two days, or more, and 
who shall not have commuted for his assessment ; and the person 
furnishing the same, upon such requisition, shall be entitled to a 
credit of two days for each day's service therewith. 

§ 31. Every person assessed to work on the highways, and 
warned to work, may appear in person, or by an able bodied man 
as a substitute, and the person or substitute so appearing shall 
actually work eight hours in each day, under a penalty of 
twelve and half cents for every hour such person or substitute 
shall be in default, to be imposed, as a fine, on the person 
assessed. 

§ 32. If any person, or his substitute, shall, after appearing, 
remain idle or not work fiiithfully or hinder others from working, 
such offender shall, for every offense, forfeit to the town the sum 
of one dollar. 

§ 33. Every person so assessed and duly notified, who shall 
not commute and who shall refuse or neglect to appear, as above 
provided, shall forfeit to the town, for every day's refusal or neg- 
lect, the sum of one dollar. If he was required to furnish a team, 
carriage, man or implements, and shall refuse or neglect to comply, 
he shall be fined as follows; 1st: For wholly omitting to comply 
wath such requisition, three dollars for each day. 2d: For omit- 
ting to furnish a cart, wagon or plow, one dollar for each day. 
3d: For omitting to furnish a pah* of horses or oxen, one dollar 
for each day. 4th: For omitting to furnish a man to manage the 
team, one dollar for each day. 

§ 34. It shall be the duty of every overseer of highways, 
within six days after any person assessed and notified shall be 
guilty of any refusal or neglect, for which a penalty or fine is pre- 
scribed in this act, unless a satisfactory excuse shall be rendered to 
him for such refusal or neglect, to make complaint, on oath, to any 
justice of the peace of the county.' 

§ 35. The justice to whom such complaint shall be made shall 
forthwith issue a summons, directed to any constable of the coun- 
ty, requiring him to summon such delinquent to appear, forthwith, 
before such justice, at some place to be specified in the summons, 
to show cause whv he should not be fined accordinoj to law, for 



1861. 



Fines and forfeit 
nres for neglect 
to appear and 
work, 
1861. 



Complaint 
against de- 
linquent. , 



1861. 

Justice to issue 
summons. 



1861. 



(1) This complaint need not necessarily be in writing; it -vvill be a sufficient complianca 
TOth. the law, if made on oath, in which case the complaint may be recited in the summons. 



ART. 17.] HIGHWAY LABOR. 77 

such refusal or neglect, which summons shall be served personally Service. 
or by leaving a copy at his personal abode.^ 

S 36. If, upon the return of such summons, no sufficient cause ^^*y™pose fine 

•^ , ' ^ ,1 , .1 • X' t, n • ji and issue warrant 

shall be shown to the contrary, the justice shall unpose a hue, as for collection. 
is provided in this act, for the offense complained of, and shall forth- 
with issue a warrant, under his hand and seal, directed to any con- 
stable of the town where such dehnquent shall reside, command- 
ing him to levy such fine, with the costs of proceedings, of the 
goods and chattels of such delinquent.^ 

§ 37. The constable to whom such warrant shall be directed ^^ of consta 
shall forthwith collect the moneys therein mentioned. He shall 
pay the fine, when collected, to the justice of the peace who issued 

'^Forin of Sumjnons for refusing to work. 
State of Illinois, ) 
Jo Daviess County, ) ° 
The people of the state of Illinois, to any constable of the town of Hush, in 

the aforesaid county, greeting : — 

Whereas, complaint hath this day been made before me, Samicel Oxander^ 
one of the justices of the peace of said town, upon oath by Solon Wai/^ 
overseer of highways in road district number — , in said town, that Johtt 
Smith, who has been assessed for highway labor in said district, and haa 
been duly notified to perform such work, has neglected to appear in pur- 
suance of such notice, either in person or by an able bodied man as a 
substitute, together with a pair of oxen as required by said notice {or, as the 
case may be) and perform such labor ; You are therefore hereby commanded 
to summon the said John Smith forthwith to appear before me at my office 
in said town, to show cause why he should not be fined according to law, for 
such refusal or neglect, as in said complaint alleged. 

Given under my hand and seal this — day of , A. D. 18 — . 

Samuel Oxander, [seal.j 
Justice of the Peace. 

^Form of Warrant for collecting fine. 
State of Illinois, ) 
Jo Daviess County, ) ' 
The people of the state of Illinois, to any constable of the town of Rush, 

in the county aforesaid, greeting : — 

Whereas, complaint was lately made to me, Samuel Oxander, one of the 
justices of the peace of said town, by Solon Way, overseer of highways for 
road district number — , in said town, that John Smith, who was assessed, 
&c., [recite the complaint,) whereupon a summons was issued by me requir- 
ing the said John Smith to appear before me at my office in said town, forth- 
with, to show cause why he should not be fined for such neglect, (or refusalj 
or as the case may be,) which summons was duly served and returned to me 
by a constable of said town, and the said John Smith, not having shown any 
sufficient cause to the contrary, I have imposed a fine of three dollars on 
him for his offense, complained of as aforesaid, and taxed the cost of the 
proceedings on said complaint at — dollars and cents. You are there- 
fore, hereby commanded to levy the said fine, with the costs of proceedings, 
of the goods and chattels of the said John Smithy and make returns to me 
without delay, and have you then and there the amount of said fine and 
costs. 

Given under my hand and seal thia — day of , A. D. 18—. 

Samuel Oxander, [seal.J 
Justice of the Peace. 



overseer. 



78 GENERAL PROVISIONS. [dIV.1. 

the warrant, who is hereby required to j)ay the same to the over- 
seer who entered the complaint, to be by him expended in im- 
proving the roads and bridges in the district of which he is the 
overseer. 
Penalty get off. § 38. Every penalty collected for refusal or neglect to appear 
and work on the highways shall be set off against his assessment 
upon which it was founded, estimating every dollar collected as a 
satisfaction for one day's work. 
Escxises. § 39. The acceptance by an overseer of any excuse for refusal 

or neglect shall not, in any case, exempt the person excused from 
commuting for or working the whole number ©f days for which he 
shall have been assessed during the year. 
Compensation of § 40. Each and cvcry overseer of highways shall be entitled 
to one dollar per day, to be paid out of fines and commutation 
money, for every day he is necessarily employed in the execution 
of his duties as overseer, beyond the amount of his own highway 
labor and road tax, the number of days to be accounted to and 
Proviso. audited by the commissioners of highways : joromWeJ, that when 

there is no funds from fines and commutations the commissioners 
may pay the overseers out of other funds in their hands if they 
think proper. 
Notice by over- § 41. It shall be the duty of the overseer of highways to warn 
errTOaTtax^"^*^^^ residents of his district, against whom a land or personal prop- 
1861^ erty road tax is assessed, giving them three days' notice, to work 

out the same upon the highways, and he shall receive such tax in 
labor, from every able-bodied man, or his substitute, at the rate of 
seventy-five cents per day ; and any person, or his agent, may pay 
such tax in road labor, at the rate of seventy-five cents per day, 
Proviso or in that proportion for a less amount : provided, that any person 

may elect to pay such tax to the overseer in money.^ 
Duty of overseer § 42. It shall be the duty of the overseer of highways, when 
when tax is paid. ^x\q\\ land tax has been paid, either in money or labor, to write the 
word "paid" distinctly against each name or tract on his list, on 
which the same has been paid. 
Delivery of list to § ^3. Every oversecr of highways shall deliver to the super- 
supervisor, visor of his town, at least five days previous to the annual meeting 
^^^^' of the board of supervi.sors, the list furnished by the commissioners 

of highways, containing the land and personal property road tax, 
with an affidavit thereon, sworn to before the supervisor of the 
Affidavit that tax town or some justicc of the peace of the county, that on all tracts 
ispai . of land on such list, opposite which the word "paid" is not written, 

such tax is due, and remains unpaid, according to the best of his 
belief and knowledge.^ 

(1) When the overseer of highways desires to give notice in writing, to warn persons to work 
out property tax, the form heretofore given for notice in case of poll tax can be used by vary- 
ing to suit the occasion. See ante^ p. 75. 

2 Form of Affidavit of Overseer of Highways upon Return of List to Supervisor. 
State of Illinois, ) 
Lake County, ) ' 

James Wiseman^ overseer of highways for road district number — , in the 



ART. 17.] HIGHWAY LABOR. 79 

§ 44. If any overseer shall refuse or neglect to deliver such Penalty for refu- 
list to the supervisor, as provided in the last preceding section, or ^'J make affidavit. 
shall neglect or refuse to make the affidavit, as therein directed, he 
shall, for every such offense, forfeit the sum of five dollars, and 
also the amount of tax or taxes remaining unpaid, to be recovered 
by the commissioners of highways of the town, and to be applied 
by them in improving the roads and bridges of such town. 

§ 45. It shall be the duty of the supervisors of the several List to be laid be- 
to wns to receive the list of the overseers of highways, when deliv-^°^'^'^"P'^^^^'^°^^' 
ered pursuant to the preceding section, and to lay the same before 
the supervisors of the county. 

§ 46. It shall be the duty of the board of supervisors to cause Supervisors to 
the amount of such averages of road tax to be levied on the lands ^^^°^ 
so returned, and to be collected in the same manner that the con- 
tingent charges of the county are levied and collected, and to order 
the same, when collected, to be paid over to the commissioners of 
highways of the town, to be by them applied to the construction Tax how applied, 
of roads and bridges. 

§ 47. It shall be the duty of every overseer of highways, to ^abor when to 
have at least three-fourths of the road labor assessed in his district 
worked out or actually expended on the highways, previous to the 
first day of October in every year. 

§ 48. Every overseer of highways shall, on the second Tues- Report of over- 
day next preceding the time of holding the annual town meeting ^'^'^^"" 
in his town, within the year for which he is elected or appointed, 
render to one of the commissioners of highways of the town, an Contents, 
account, in writing, containing :^ 

1st. The names of all persons assessed to work on highways in 
the district of which he is overseer. 

town of Waukegan^ in said county, being duly sworn, doth depose and say, 
that on all tracts of land described in the annexed list, opposite which the 
word "joatc?" is not written, such tax is due and remains unpaid, according 
to the best of his belief and knowledge. 

James Wiseman. 
Subscribed and sworn to before me, this — ) 

day of , A. D. 18— . V 

Joseph L. AVilliams, Justice of the Peace. ) 

Note — The overseer should write the word " paid" against the amount of personal prop- 
erty tax of e;ich individual, when it has been paid, the same as in case of payment of the land 
tax, and he ought properly to add the following clause to the foregoing aJB&davit, although it 
seems not to be absolutely requh'ed by the law : 

" And further, that the personal property tax, set forth in said list, against 
which the word ' paid ' is not written, remains likewise unpaid, according to 
his belief and knowledge." 

^ Form of Overseer's Annual Account. 
Town of McHenry, ss. 

I, Leonard Gage^ overseer of highways for road district number — , in said 
town, hereby render to H. N. Owen, one of the commissioners of highways 
of said town, the following account, to w-it : 

1st. The names of all persons assessed to work on the highways in said 
district, are as follows: 

{Here insert the names.) 



80 



GENERAL PROVISIONS. 



[div.1. 



2d. The names of all those who have actually worked on the 
highways, with the number of days they have actually worked. 

3d. The James of all those who have been fined, and the sums 
in which they have been fined. 

4th. The names of all those who have commuted, and the 
manner in which the moneys arising from fines and commutations 
have been expended by him. 

5th. The amount of uncollected road tax, which he has returned 
to the supervisor of the town, as required in section forty-three of 
this arrticle. 

§ 49. Every such overseer shall, also, then and there pay to 
the commissioners all moneys remaining in his hands unexpended, 
to be applied by the commissioners in making and improving the 
roads and bridges in the town, in such a manner as they shall 
direct. 

§ 50. If any overseer shall refuse or neglect to render such 



Overseer to pay 
over money. 



Neglect to report 



or pay ovar 
money. 

Peaaalty. 



Commissio«»er3 
to prosecttte. 



account, or, if having rendered the same, he shall refuse or neglect 
to pay any balance which may then be due from him, he shall, for 
every such offense, forfeit the sum of five dollars, to be recovered, 
with the balance of the moneys remaining in his hands, by the 
commissioners of highways of the town, and to be applied in mak- 
ing and improving the roads and bridges. It shall be the duty of 
the commissioners to prosecute for such penalty in every instance 
in which no return is made. 



2d. The names of all those who have actually worked on the highways, 
with the number of days they have actually worlzed, are as follows : 



Names. 



W. P. Melendy, 
Oliver OweUj 



No. of dav! 



8d. The names of all those who have been fined, and the sums in which 
they have been fined, are as follows : 



Names. 



Am't of fine. 



3 00 



John Doe. 



4th. The names of all those who have commuted, and the manner in which 
the money arising from fines and commutations have been expended by me, 
are as follows : 



Names of persons commuting. 



Amount. 



$2 I 25 



Geo. Gage, 

I have received for fines and commutations as above set forth, the sum of 

^ , of which amount I have expended the sum of $ in (here state how 

the money has been expended^) and no moneys remain in my hands unexpended, 
{or the sum of $ remains in my hands unexpended. ) 

5th. The amount of uncollected land road tax which I have returned to 

the supervisor of the town as required by law, is dollars, and the amount 

of uncollected personal property road tax, thus returned, is dollars. 

Leonard Gage, 
Overseer of Highways of District No, - 

Dated this — day of , 18 — . 



ART. 17.] HIGHWAY LABOR. 81 

[The overseer of roads of the several towns are hereby author- TaWng of timber, 
ized to enter upon any unimproved land most convenient, and to s^^^^^' ^^■ 
cut and haul away timber, or to quarry and haul rock, gravel, sand 
or earth which may be necessary for the purpose of building or 1854. 
repairing any bridge or causeway in their respective road districts : 
provided, that such overseers shall not take away timber already Proviso. 
cut, or rock or gravel already quarried for another purpose, without 
leave from the owner or his agent: and provided also, that unless Further proviso. 
the owner or his agent shall first consent to the cutting of timber 
or the quarrying of stone, or the taking of gravel, sand or earth, 
the overseers of roads shall call upon two discreet householders to 
value the materials about to be used, and if the owner of the 
materials shall think proper, he or she may choose two other dis- "^ai"® how 
creet householders to act with such as may be chosen by the over- ^^^^^^^ ' 
seer of highways, and if they can not agree the four shall choose a 
fifth as umpire, and the five, or a majority of them, shall make out 
their award, under their hands and seals, and deposit it with the 
clerk of the town in which such bridge is situated, who shall file 
the same in his office. Said award shall be final and conclusive Award to be 
of the amount of damages sustained by such person, and the amount ^^^* 
so awarded shall be audited, levied and collected in the same man- 
ner provided in the next preceding section of this act, [section 14 
of this article,] and the overseer of highways shall be authorized 
and warranted, and is hereby fully empowered, to take such materi- How paid, 
als as aforesaid, for the purposes contemplated in this section, as 
soon as such award shall be made.*] 

(l)NoTE. — This section is from the amendatory act of 1854 ; in revising the To-svnship Act 
it was iaadvertently omitted, it nevertheless is not repealed, but remains in full force, and 
is, therefore, inserted here in its proper order. 

For7n of Award for tahing Gravely &c., from unimproved land, for bridge or 

causeway. 
Kendall County, ) 
Town of JVeatisai/, ) 

Whereas, David Smith, overseer of highways of district No. — , in the 
town of Neausay, is desirous of taking a quantity of sand and gravel from 
the land of G. W. Kellogg, the same being unimproved land, for the purpose 
of erecting and constructing a causeway, {or bridge) in the public highway 
adjacent to said land, and the said David Smith and G. W. Kellogg, being 
unable to agree upon the damage for taking away the said sand and gravel, 
and the said G. W. Kellogg, not consenting to the thus taking the same, the 
said David Smith called upon the undersigned, S. and T., and the said G. 
W. Kellogg called upon the undersigned, L. and M., all being householders, 
to value the said sand and gravel about to be used as aforesaid, and the 
undersigned have been upon and viewed the premises, and having heard the 
parties, do award and determine as follows, to wit: 

That the value of the said sand and gravel about to be used, as aforesaid, 

is the sum of dollars, and that the said G. W. Kellogg is entitled to 

that sum therefor. 

Witness our hands and seals this — day of , A. D. 18—. 



S., 
T., 

6 



SEAL. 
SEAL. 
SEAL.^ 
SEAL.' 



GENERAL PROVISIONS. 



[DIV. 1. 



The alteratioQ, 
discontinuance 
and laying out 
of roads. 



LAYING OUT, ALTERATION AND DISCONTINUANCE OF ROADS. 

§ 51. The commissioners of highways may alter or discontinue 
any road, or lay out any new road, when petitioned by any num- 
ber of legal voters, not less that twelve, residing within three miles 
of the road so to be altered, discontinued or laid out. Said peti- 
tion shall set forth, in writing, a description of the road, and what 
part thereof is to be altered or discontinued; and, if for a new 
road, the names of owners of lands, if known, over which the road 
is to pass ; the points at which it is to commence ; its general course, 
and the place at or near where it is to terminate.^ 

In case the four arbitrators chosen cannot agree, whereb)' they choose a fifth iis umpire, 
the foregoing form should be varied by adding the following, after the words " to be used as 
aforesaid," say, 

" And the said S., T., L. and M,, having been upon and viewed the premises, 
and heard the parties and being unable to agree, they did ehoose N., as um- 
pire, whereupon the undersigned do award, &e., {conclude as aforesaid.) 

^Form of Petiticn for the alteration of a road. 
To the commissioners of highways of the town of &e. 

The undersigned legal voters residing within three miles of the road known 
as {describe the road,) do hereby petition you to alter said road, {or a portion 
of said road,) as follows: commencing at {state the place of coiimiericing) in 

said town of and running the line of said road as follows : {state the 

manner in which the alteration of the line is desired,) and your petitioners 
pray that you will proceed and alter said road accordingly. 

Dated at , this — day of , 18 — . 

Form of Petition for discontinuance of road. 
To the commissioners of highways of the town of &c., 

The undersigned legal voters residing within three miles of the road known 
as {describe the road) do hereby petition you to discontinue said road {or so 
much of said road as lies in said town, or the following portion of said road, 
describing the portion,) and your petitioners pray that you will proceed and 
discontinue said road accordingly. 

Dated at , this — day of , 18 — . 

Form of Petition for new road. 
To the commissioners of highways of the town of Avo7i, in the county of 

Zake, state of Illinois : 

The undersigned legal voters residing within three miles of the route here- 
inafter mentioned and described for a road, do hereby petition to you to lay 
out a new road of the width of four rods, as follows: commencing at the 
village of Hainesville, in said town of Avon, at the north end of Gage street, 
and running from thence in a north-easterly direction, on the most eligible 
route to intersect the Fox river road, at or near tJie house of S. L. Emery. 
The names of the owners of lands over which the same is to pass are A. B., 
C. D., and E. F., and your petitioners pray that you will proceed to lay out 
said road and cause the same to be opened according to law. 

Dated at Avon, this — day of , A. D. 18 — . 

Where the owners of lands over which the road is to pass are not known, then that fact 
•hould be stated in the petition, which statement should be as follows : 

" The names of the owners of lands over which said road is to pass are 
not known to your petitioners." 

K a portion of the owners are known, and others not known, the statement can he a0 
follows : 



ART. 17.] LAYING OUT ROADS. 83 

§ 52. Whenever any number of legal voters determine to peti- Copy of Petition 
tion the commissioners of highways for the alteration or discontin- *° ^*^ posted. 
uance of any road, or laying out of any new road, they shall cause 
a copy of their petition to be posted up in three of the most public ^ 

" The names of the owners of lands over which said road is to pass, as 
far as known to your petitioners, are A., B., C, D., &c. The names of the 
owners of the following lands which said road is to pass over, to wit : {here 
describe the lands with reasonable certainty,) are unknown to your petitioners." 

When a petition is presented to commissioners of liigliways for tiieir action, they should 
fir.5t examine and see that it is regular upon its face, and that the law has in all respects been 
complied with, otherwise they should not act. The law requires, first,— that the petition 
shall be signed by not less than twelve legal voters residing within three miles of the road 
proposed to be altered, discontinued or laid out. Second, — if it is to alter or discontinue a 
road, the petition must set forth a description of the road which it proposes to alter or dis- 
continue, and, if a new road, it must set forth the names of the owners of the lands, if known, 
over which it is to pass, the point at which it is to commence, its general course, and the 
place at or near where it is to terminate. Upon the first, the commissioners may satisfy 
themselves from actual knowledge, or upon proper inquiry. The second will appear from 
the petition itself. 

NoT2.— The form here given for a petition for a new road can be ea.sily varied to suit an. 
application for alteration or discontinuance of a road. The subsequent forms will likewise 
be confined to the subject of laying out of new roads, but can also be easily varied to suit 
the occasion of altering, discontinuing or refusing to lay out. 

It is no objection to a petition that njore than twelve persons hare signed it, and where 
twelve of the number are legal voters and reside within three miles of the road, it will be no 
objection because others whose names are upon the petition are not legal voters, or do not 
reside witliia three miles of the road. See Cannel v. Judges of Putnam, 7 WenrL^ 64. 

The commissioners of highways can not proceed to lay out a highway except upon the 
application of twelve legal petitioners in writing, and an order made by them laying out a 
highway, without such petition, would be void. — Harrington v. People^ 6 Barb., 607. Wil- 
liams V. Horner, 41'T/5. R., 129. 

The applicants for a road designate the general coiirse desired ; the commissioners, the 
particular route, and the latter may make such variations as they may think proper, provided 
the departure is not of such a character as to induce the court to suppose that these officers 
had wholly disregarded the preliminary proceedings of the application. — Hallock v. Woolsey^ 
23 Weiid., 328. 

Where commissioners were appointed by an act of the legislature, to lay out a road on the 
most direct and eligible route, commencing at or near a certain village, and the road was? 
laid out, commencing at a distance of sixty rods from the village, in a field where there was 
no road with which the new road could be connected, and the route instead of being the 
most direct and eligible, was, as expressed by the court, strikingly injudicious ; yet notwith- 
standing these facts, the court awarded a peremptory mandamus to the commissioners of 
highways of the town, through which the road was laid, to proceed forthwith to open and 
work the road, as laid out by the stixte commissioners, — People v. Collins, 19 Wend., 53. 

It was held in this case that the court would not collaterally i-eview the doings of the com- 
missioners, and hold as void the final determination made by them, in the exercise of their 
discretion or judgment. That the proper way of taking advantage of an error of this kind 
■would be by certiorari or writ of error, if no other mode of appeal is given by stiitute. 
Hence we see the necessity of setting forth in the petition the points of commencement and 
termination of the road with a degi-ee of certainty, that may siio.v clearly the wishes of the 
petitioners, and thereby avoid disputes that may thereafter arise. 

A highway must be laid out in conformity with the route described in the petition, other- 
wise the doings of the road commissioners will be without authority and invahd. — Cole y. 
Town of Canaan., 9 Porter R.^ 88. 

The laying out of a highway upon inducements or considerations other than the public 
good is held to be illegal. Thus where a road was laid out by the commissioners, both 
because they thought the public good required it, and because G. and F. stated to them that 
if they would lay the road the petitioners would make it without any expense to the town ; 
both of which were taken into consideration by the commissioners in deciding to lay the 
road, held by the court that a laying out upon such inducements would be clearly illegal. — 
Gurnsey v. Edwards, 6 Porter R., 224. 

Commissioners of highways, in exercising their authority in respect to the laying out 
of highways, have no right to make conditions with parties interested. They have no right 
to say that, if they shall order a highway to be laid out, individuals shall assume or become 
bound to pay the expense. — Webb and others v. Albert^on and others, 4 Barb. 

The laying out of highways partakes of the character of judicial proceedings. It is a 
judicial act. State v. Richmond, 6 Porter, 232. 

The commissioners of highways have no jurisdiction in the matter of laying out a highway 
which is not to be wholly within their town, unless under some express provision of law. as 
when the road is to be on the town line, and then they act in conjunction with the commis- 
sioners of the adjoining town. — See rase of Griffin's petition, 7 Foster, (N. H.,) 343. 

A public highway may be created by long use of land by the public for the purposes of a 
highway. But the way to become public must be used in such a manner as to show that 
the public accommodation requires the way and that it is the intention of the owner of the 



84 GENERAL PROVISIONS [dIV. 1, 

places in the town twenty days before any action shall be had in 
reference to said petition.^ 
Commissioners § 53. Whenever the commissioners of highways shall receive 
pe^tiSon.''''* "'^ ^ petition, in compliance with the two preceding sections, they shall, 
or a majority of them, within ten days after the expiration of the 
twenty days required in section [fifty] two of this article, person- 
Examine route, ally examine the proposed alteration, discontinuance or route for 
the new road proposed to be laid out, and shall hear any reasons 
that may be offered for or against altering, discontinuing or laying 
out the same. If they shall be of opinion that such alteration, 
discontinuance or laying out shall be necessary and proper, and 
that the pubhc interest will be promoted thereby, they shall grant 
the prayer of the petitioners, as hereinafter provided.^ 
Fix time to hear § 54. The commissioners of highways, before determining to 
1857. l^y owt any new road, or to alter or discontinue any old one, shall 

fix upon a time and place when and where they will meet to hear 
any reasons that may be offered for or against altering, discontinu- 
ing or laying out the same ; and they shall cause written notices 
Post notices. thereof to be posted up in three of the most public places in the 
town, at least eight days previous to the time of meeting.^ 

land to dedicate it to the public for that purpose, and the travel should be confined to 
the same \>lacG.— State v. Nudd, 3 Porter, (iV. H.) See Gardiner v. Tisdale,2Wis. jK., 153. 

(1) The commissioners of highways should be satisfied that copies of the petition have been 
posted agreeable to this section of the law. An affidavit of the fact by the person who posted 
such copies, or who knows of the posting, may be considered suflicient. The affidavit ahould 
be endorsed on the petition, and may be in the following form : 

Form of Affidavit for postijig copies of road petition. 
Statk of Illinois, ) 
Lake County, ) ^^' 

Jacob iV. Vandemark being duly sworn, doth depose and say, that he did 

on tlie — day of , 18 — , post up three copies of the within petition, as 

follows : {here .state the place of posting,) in the town of Avon, in said county, 
it being three of the most public places in said town. 

Jacob N. Vandemark. 
Subscribed and sworn to before me, ) 

this — day of , A. D. 18—. f 

Orlando S. "Wright, Justice of the Peace. 

Note. — The law requires that a copy of the petition shall be posted ; this will include the 
names of the petitioners subscribed to the petition. The law does not require a notice of the 
presentation of the petition, yet it may be proper to insert the follo>ying, at the head of the 
copies posted : 

" Notice is hereby given that the following is a copy of a petition which will be 
presented to the commissioners of highways after the expiration of twenty 

days." 

(3) It has been held in New York under a like statute, that where an application is made 
to commissioners of highways for laying out a road, &c., they may refuse to act, and should 
do so unless, in their opinion, the application presented to them is regular and in accordance 
■with the requirements of the law. If they err in their refusal to act, the remedy by manda' 
nius is at hand. — Warnirk v. Orange Co., 13 Wend., 4.32. 

In laying out highways, the commissioners as well as the superviaors before whom the 
matter is brought on appeal, exercise special and limited jurisdiction, and although it may 
be presumed, till the contrary appear, that they have proceeded legally, yet their acts may 
be impeached by showing that they exceeded their powers. — 3 Hill, 458. 

^Form of Notice of Cmnmiasioners, for time and place fixed for hearing reasons 
for or agaiyist road. 

HIGHWAY NOTICE. 

A petition having been presented to the commissioners of highways of the 



ART. 17.] LAYING OUT ROADS. 85 

§ 55. Whenever the commissioners of highways shall deter- Cause survey to 
mine to lay out any new road, or alter any old one, they shall ^^^ ^' 
cause a survey to be made, by a competent surveyor, who shall 
make a report to them of such survey, accompanied with a plat, Report thereof, 
particularly describing the route, by metes and bounds, courses and 
distances, and also the land over which the road passes. They 
shall incorporate such survey, accompanied with a plat, in an order. Order to be made 
to be signed by them, declarmg such road, so altered or laid out, to igei.^''^^' 
be a public highway; which order, together with the petition and 
report of the surveyor, shall be deposited with the town clerk, who 
shall note the time of filing the same. In case the commissioners Refusal to lay 
shall determine not to alter, discontinue or lay out any road, in peti'tSn. 
accordance with any petition to them presented, they shall note the 
fact on the back of said petition, and deposit it with the town clerk, 
who shall note the time of filing the same.^ 

town of Goodale, in the county of Lake, to lay out a new road, {or as the 
case may be,) upon the following described route, to wit: (h^re desa-ibe the 
road as set forth in the petitioii.) The said commissioners do hereby give 

notice that they have fixed upon the — day of , 18 — , at the hour of — 

o'clock — M., at the house of /. D. Tower, in said town, as the time and 
place they will meet to hear any reasons that may be offered for or against 
the laying out of said road, when and where all persons interested can be 
heard. 

Dated at Goodale^ this — day of , 18 — . 

Wm. C. Howard, \ Commissioners 
Wm. Kines, v of 

Calvin Lobdell, ) Highways. 

"^Form of Surveyor'' s Report of Survey of Road. 
To the commissioners of highways of the town of Libertyville, in the county 
of Lake : 

The undersigned having been employed by you to make a survey of a road 
beginning, &c., {set forth the road as asked for in the petition^ would report 
that the following is a correct survey thereof, as made by me under your 
directions, to wit : {Iter e set forth the survey, the course, distance, &c., as required 
by law,) and that herewith is a correct plat of said road, according to said 
survey. 

Dated this — day of , A. D. 18—. 

Orange G, Risley, 
County Surveyor of Lake County. 

Form of order of Commissioners of Highways laying out a new road. 
Lee Countv, ) 

Town of Sublette, \^^ ' - 

Whereas, upon the application, in writing, of {nayning the pef.itioners\ 
twelve legal voters residing within three miles of the route hereinafter de- 
scribed, for a public road, a copy of their petition having been first duly- 
posted up, as required by law, we, the commissioners of highways of said 
town, did, on the — day of , A. D. 18 — , personally examine the route pro- 
posed in said petition for a road, to wit : {here describe the route as set forth in the: 
petition) and having before determining to lay out said road, fixed upon a time 
and place when and where we would meet to hear any reasons for or against lay- 
ing out the same, and having caused written notices thereof to be posted up ia 
three ofthe most public places in said town eight days previous to the time of 
such meeting, and having met at the time and place appointed for hearing 
such reasons, and having heard such as were ottered, and being of the opinion 
that such laying out is necessary and proper, and that the public interest would 



86 GENERAL PROVISIONS. [dIV. 1. 

Damages sustain- § 50. Xhe damaofes sustained by reason of the la\nnoj out or 

ed in opening . -.° , • ^'iti 

roads, how ascer- Opening or altering any road, may be ascertained by the agrec- 
^^^"^^ ment of the owners and the commissioners of highways, and un- 

less such agreement be made or the owners of the land shall, in 
writing, release all claims to damages, the same shall be assessed 
in the manner hereinafter prescribed, before such road shall be 
Aoreements and <^P^"^cl, or Worked, or used. Every agreement and release shall 
release. be filed in the town clerk's office, and shall forever preclude such 

owners of such lands from all further claims for such damages.^ 

be promoted thereby, and having granted the prayer of said petitionei^, and 

determined to lay out said road, we did, on the — day of , A. D. 18 — , cause 

a survey thereof to be made by a competent surveyor as follows : (here incorporate 
the surveji of the survei/or.) It is therefore ordered and determined that a road 
be, and the same is hereby laid out and established according to said survey and 
the plat hereunto annexed and made part of this order, which is hereby declared 
to be a public highway, four rods wide, the line of said survey being the 
center of said road. 

In witness whereof, we, the said commissioners, have hereunto set our 

hands this — day of , A. D. 18 — . 

John Wood, ) Commissioners 

H. P. KOPSER, I of 

Thos. S. Angier, ) Highways. 

Note. — The form of order for altering or discontinuing a road will be ncai-ly the same as 
that for laying out a new road ; the foregoing form can therefore be easily varied to suit 
either of .such occasions. 

The foregoing form of order may be considered somewhat lengthy, but it contains no more 
than seeni.s to be necessary. It Should siiow that the commissioners acquired jurisdiction by 
a petition in due form of law, and that tlioy rubscquently pursued the law in laying out and 
e.stablishing the road; it will theu be received as prima facie evidence of the facts it con- 
tains. — See 6 Barb., 607. No particular fonn of words are necessary if the facts sufficiently 
sippear. — Tucker v. Rayikiij, 15 Barb., 471. WTien the words used were '^ have and do lay out 
a. highway,'' it was held to import that the road was laid out at the date of the order. — 
Fowler v Mott, 19 Wend., 204. 

In laying out a road by the commissioners of highways, it is sufficient in the survey to run 
a single line, which will be intended as the center of the road, and where a specification is 
igiven will determine its width, in case a stjitement of the width should have been omitted in 
the ovdvT.—Hanver v. Redhook, 1 Wend., 310. 

All the land within a highway fence is not necessarily subject to the right of way ; and if 
not, it may be occupied by the owner ; and if he places an obstruction there, and another is 
injured by it he is not thereby linble : and it is held, that though such obstruction be within 
the higliway, ho is not hable, unless the person injured exercised ordinary diligence to avoid 
it. — 6 Coic, 189. Yet he would be otherwise hable for obstructing the highway. — Sec 5 
Gilm., 371. 

In an action to recover a penalty for obstructing a highway, it was held that it was not 
necessary to produce record evidence of the road; and if such evidence is introduced, a.s for 
instance the order establishing the road, it is not necessary prior to the introduction of .such 
order, to show that all the previous .steps required by the statute had been tiiken ; but that 
the presumption is, that the antecedent proceedings have been regular, which presumption, 
however, is subject to be rebutted. — Neally v. Brown, 1 Gibsoti, 10 ; see also Sage v. Barnes. 
^ Johns., SGo. 

Form of Com.misHioner'' s determination not to alter or disco?itimce road. 
We, the said commissioners of highways to whom the within petition is 
addressed having duly and properly examined into the matter of said petition, 
do determine not to alter [or discontinue) the road therein described. 

Witness our hands this — day of , A. D. 18 — . 

James Eobbins, 'j Commissioners 

John A. Eotnour, |- of 

Harvey J. Stewart, ) Highways. 

^Form of Agreement as to damages in laying out Road. 

Whereas, a road was laid out on the — day of , A. D. 18 — , by L. 

K. Ballard, G. B. Stanchfieldy and Ebenezer Tucker, commissioners of hi;^h- 



benefits. 



ART. 17.] LAYING OUT ROADS. 87 

In case the commissioners and owners of land claiming damages 
can not agree it shall be the duty of the commissioners to assess Assessment of 
the damages, at what they may deem just and right, to each indi- ^ 
vidual claimant with which they can not agree, and deposit a state- 
ment of the amount of damages so assessed to each individual 
with the town clerk, who shall note the time of filing the same. It 
shall be the duty of commissioners, in all cases of assessing 
damages, to estimate the advantages and benefits the new road or Advantages and 
alteration of any old one will confer on complainants for the same 
as well as the disadvantages.^ 

ways of the town of JVora^ in the county of Jo Daviess^ on the application 
of the requisite number of legal voters residing within three miles of said 
road as follows: commencing, &c., (insert description of the road as in the 
order) which road passes through the land of Feter F. Parks, being known 
and described as follows : {here describe the land with reasonable certainty.) 
Now, therefore, it is hereby agreed between the said commissioners and the 
said Peter F. Parks, that the damages sustained by the said Peter F. Parks^ 
by reason of the laying out and opening said road upon his land, herein- 
before described, be liquidated and agreed upon at dollars. 

In witness whereof, the said commissioners and the said Peter F. Parks 

have hereunto subscribed their names the — day of , A. D. IS — . 

L. K. Ballard, ) Commissioners 
G. B. Stanchfield, > of 

Ebenezer Tucker, ) Highways. 
Peter F. Parks. 

Form of Release of Pannages by owner of Land. 

Whereas, a road having been laid out on the — day of , 18 — , by 

Andrew Cook, Curtis St. John, and /. R. Wells, commissioners of highways 
of the town of Waucojida, in the county of Lake, on the application of the 
requisite number of legal voters residing within three miles of said road, as 
follows: {insert description of the route as set forth in the order laying 
it out) which road passes through certain, lands owned by me, being known 
as follows: {here insert description of the la7ids.) Now, therefore, know all 
men by these presents, that I, Augustus Grayiger, for value received, do 
hereby release all claims to damages sustained by me by reason of laying out 
and opening said road through my said lands above described. 

In witness whereof, I have hereunto set my hand and seal this — day of 

, A. D. 18—. 

Augustus Granger, [seal.] 
Executed and delivered ) 
in presence of ) 

Bryon Haynes Shepard. 

^Fo)'7n of Commissioners' Assessment of Damages in case of no agreement or 

release. 
"We, the undersigned commissioners of highways of the town of Blooming- 
dale, in the county of Pu Page, having on the — day of , A. D. 18 — , 

upon due application made to us for that purpose, laid out a road as follows: 
commencing, &c., {insert description of the road according to survey,) and 
certain owners of lands over which said road passes, to wit : {state the names of 
the oicners of the lands who claim damages, viith inhom the agreement has not been 
m.ade) not having released all claims to damages sustained by reason of the 
laying out and opening the same, and not being able to agree with them as 
to the amount of such damages, having applied to them and each of them 
for that purpose, and endeavored to make such agreement, we proeeeded 
to assess the same at what we deem just and right to each individual claim- 
ant with whom we could not agree, taking into account and estimating the 



88 GENERAL PROVISIONS. [dIV. 1. 

Werk"^^^^*^ § 57. It shall be the duty of the town clerk, whenever any or- 
der of the commissioners for laying out, altering or discontinuing 
a road shall be received by him, to carefully file the same ; and the 

Time to appeal, time hereinafter limited for appealing from such order shall be 

advantages and benefits the road will confer on the claimants for the same, 
as well as all disadvantages, and have assessed the damages of each owner 
as follows : To Hiram Cody^ on [set forth a description of the land with 
reasonable certainty) &tffty dollars ; being iaclosed (or cultivated or improved) 
lands. To John Farmer, on {describe the larcd) at twenty dollars ; and to H. 
B. Hills on the south-west quarter of section eight, we have estimated the ad- 
vantages of said road equal to any and all his damages. 

In witness whereof, we have hereunto set our hands this — day of > 

A. D. 18 — . Moses K. Hoit, J Commissioners 

J. Barnes, > of 

L. E. Landon, ) Highways. 

The last clause in the foregoing form is added in view of Constitution, Art. XIIT, § 11, 
which provides that no man's property shall be taken or applied to pubUc use without just 
compensation being made to him. The advantages of the road, it seems, must be taken into 
account, and will properly be considered compensation to the owner, so far as it goes in en- 
hancing the value of his lands. Consistency would therefore seem to require, that in every 
instance where damages are claimed, that the advantages be balanced off against the disad- 
vantages, or damages, and report thereof made, as in the foregoing form. 

In the case of Hatch, v. Vermont Central R. R. Co., Vermont Supreme Court, June 1853, 
the court say : ''The general rule may now be regarded as settled in this country, that the 
advantages accruing to the proprietor of the land taken by the contemplated public work, may 
betaken into account in appraising the damage. So, too, where any portion of the land is taken , 
the commissioners may doubtless estimate consequential damages to the remaining portion 
of the land. It is scarcely possible to come fairly at the value of the land taken or actual 
damage suffered, in any other mode." — Cites Symonds v. City of Cincinnati, 14 O. R., 147. 

The owner of the soil over which a highway is laid, retains all his rights not incompatible 
with the public right of way, and may maintain trespass for cutting timber therein.— £a6coc/fc 
v. Lamb, 1 Cow., 238. 
^ The grant or laying out of a highway gives only a right of way to the public : the fee, or 
right of soil, remains in the oinginal owner, and an action of trespass will lie for any exclu- 
Bive appropriation of the soil.— 3 HiU, 567 ; 12 Wend., 98 ; 14 Johns., 483 ; 2 Johns. ,'Sb7 ; 15 
Johns., 447 ; Hiintly v. Middleton, 13 Bis., 54. As a public highway is a mere easement and 
the seizin and right to convey still continue in the owner of the land over which it is laid out, 
it is no breach of the covenant of seizin and power to convey contained in the deed, that part 
of the land conveyed was a highway and used as such. — Whitbeck v. Cook, 15 Johns., 483. 

In case of a town plot acknowledged and recorded under the laws of Illinois, the title to 
the ground embraced in the streets and alleys, vests in the corporation and the original owner 
has no further control over that portion of the land. — Huntly v. Middleton, 13 Ills., 54. 

It seems that the title to the land over which a turnpike road passes is vested in the com- 
pany solely for the purpose of a road, and that when the road is abandoned, the land reverts 
to the original owner. — 12 Wend., 371. 

The right of way, public or private, is but an incorporeal hereditament, an easement which 
per se does not divest the owner of the fee of the land. The soil is nevertheless the owTier'a, 
and he is entitled to the same remedies for an injury to his residuary interest, that he would 
be entitled to if it was entire and absolute. — Gidney v. Earl, 12 Wend.^ 98. 

It has been decided in New York, their constitution being the same as ours, in this respect, 
that an act of the legislature giving to commissioners of highways the power to lay out new 
roads through wild or unimproved lands, without the consent of the owner, is unconstitu- 
tional and void, if no compensation is required to be made to such owner. — Wallace v. Karle- 
nowefski, 19 Barb,, 118; Gould v. Glass, Id., 179. It is held also, that such consent, for 
the purpose of waiving damages, need not be in writing, but may be verbal, and proved by 
oral testimony. — Foivler v. Mott, Id. 

Lands adjoining a public highway, remaining uninclosed, are considered as dedicated to the 
public use, and no action will he by the owner against any person traveUng over them. — 
Cleveland v. Cleveland, 12 Wend., 172. 

It is held in New Hampshire, that the doings of selectmen in laying out highways can not 
be supported, unless it appear that due recompense was allowed to the owners of lands 
through which such highway was laid out, and that the owners had an opportunity to be 
heard upon the subject of damages. — Pritchard v. Atkins, 3 N. H. Rep., 335. But when a 
road was opened by order of the proper authority, according to law in every respect, except 
that no damages were assessed by the jury to the owners of the land, held in North Carolina, 
that none but those owners could impeach the order for that cause. — Woolard v. Mc Cullougky 
1 Iredell R. 

Where a highway is laid out along the hne of a farm, taking no portion of the land of the 
owner, but subjecting him to the expense of maintaining the whole of a fence, the expense of 
the half of which only was formerly borne by him, such owner, under the existing highway- 
act, is not entitled to compensation ; and although damages are allowed to him the supervis- 
ors of the county have no authority to cause the same to be collected. — People v. Sups. 
Oneida Co., 19 Wsnd., 120. 



ART. 17.] LAYING OUT ROADS. 89 

computed from the time of filing the same ; but the town clerk 
shall not record such order until a final decision is made, and not 
then unless such order is confirmed. 

§ 58. Whenever it shall be represented to the board of super- state roads. 
visors of any county, at any regular or special meeting, by a P,^ti- ^^^^^|;.^^ ^^^ ^^^ 
tion of at least thirty-five legal voters of the county, residing with- tion or relocation 
in three miles of any state road, that said road, or any portion ^^^^^'^^^^^P^^- 
thereof, within said county, is useless and burthensome and that 
the public interest requires that the same, or any particular por- 
tion thereof, setting forth that portion, should be vacated, or that 
the public interest requires the relocation of said road, or any part 
thereof, setting forth what part, said board shall proceed and ap- 
point three suitable persons of said county as viewers, to view said 
road, who shall, within a reasonable time, and after being duly 
sworn to perform their duties faithfully and impartially, proceed to 
examine said road, and particularly that portion thereof in ques- Appoint yie-svera. 
tion, and make report, in writing, of their doings, at the same or 
next meeting of the board of supervisors.^ 

As held in Massachusetts, where damages upon laying out a road have been assessed or 
awarded to an individual, the town would be liable for the amount thereof, althougli the road 
had been discontinued before payment, and in fact never entered upon. It was held that 
the owner had a vested right to such damages, and was entitled to a writ of mamkunus to 
compel payment. — Harrington v. Berkshire, 22 Pick., 263. 

Where damages, sustained by the owners of land taken for the improvement of a public 
highway under and by virtue of an act of the legislature, have been assessed by a jury, and 
the verdicts of the jury have been laid before the board of supervisors who have liquidated 
and settled the amount of damages due to the land owners respectively pursuant to the 
statute, such land owners have a vested right to the sums awarded to them respectively, for 
such damages ; and are entitled to a -writ of mandamus to compel the board of supervisors to 
cause the same to be raised and paid to them. Such right will not be divested by a subse- 
quent repeal of the statute under which the damages were assessed. 

A legislative act, whether it be a positive enactment or a repealing statute which takes 
away the vested rights of property of an individual for any purpose except where property is 
taken for public use, and upon a just compensation is invalid as being above tlie power and 
beyond the scope of legislative authority. 

The public use of a highway being but an easement, subject to which the owner of the land 
over which it passes retains his title, there is always a contingency b3' which the owner may 
return into full possession of the land, on its being no longer required by the public. When 
this contingent event will happen is ordinarily unknown and is wholly immaterial, as regards 
the rights of the land holder, whether the public retains the use of the land for a century 
or for a year, or but for a single day. can not affect his title to a compen.sation. That becomes 
fixed and vested, the instant hus property is taken for public use. — The People ex rel Foun- 
tain and others v. Tke Board of Supervisors of the county of Westchester, 4 Barb. 

^ Form of Petition to Board of Svpervisors for vacation, or relocation of 

State road. 
To the Board of Supervisors of the county of Winnebago, State of Illinois : 

Tiie petition of the undersigned, legal voters of said county of Wimiebago^ 

residing within three miles of the state road leading from , to , 

{describe the road as it is usually hnoicn) would respectfully represent, that 
the following portion of said road, lying in said county, to wit : {describe the 
•portion of the road in question,) is useless and burthensome, and that the 
public interest requires that such portion of said road should be vacated: 
Your petitioners would therefore pray that viewers may be appointed to view 
and report in the premises, to the end that such portion of said road above 
described may be vacated. 

And your petitioners will ever pray. 

Dated this — day of , 18 — . {Names of petitioners.) 

When the petition is for relocation, after the word " represent," state as follows : 
" That the public interest requires that the following portion of said road, 



90 GENERAL PROVISIONS. [DIV. 1. 

Report for vaca- § 59. When the petition is for the vacation of the road, the 

ISGI. viewers shall proceed to ascertain the fact, as to whether the road 

is useless and burthensome, and if they find such to be the fact, 

they shall so report. If the petition is for the relocation of the 

to wit: {describe the portion desired to be relocated^) should be relocated as 
follows, {set forth how the relocation is desired.) Your petitioners would 
therefore pray, that viewers may be appointed to view and report in the 
premises, to the end that such portion of said road may be i-elocated as the 
public interest shall require." 

When viewers are appointed upon the prayer of a petition, the clerk of the board should issue 
to them a written notice of their appointment, and transmit to them with the original peti- 
tion, which notice may be in the following form : 

Form of Notice to viewers appointed to view and report upon vacation or reloca- 
tion of state road. 

To Jolm Smithy Peter Hallowell^ and Milton Kilburn^ of Winnebago county : 
You, and each of you, are hereby notified that at the present session of 

the Board of Supervisors of said county, you were duly appointed viewers 

according to the prayer of the annexed petition. 

Dated at RocJcford^ this — day of , 18 — . 

E. C. Gaylord, Clerk. 

The oath of the viewers required to be taken before proceeding, should be reduced to -writ- 
ing, or a certificate thereof made by the officers administering the same, and endorsed on, or 
annexed to the petition ; the oath may be in the following form : 

Form of Oath of Viewers appointed to view and revort xipton vacatio7i or reloca- 
tion of State road. 
State of Illinois, 
Winnebago county, 

We, John Smith., Peter Hallowell^ and Milton Kilbnrn, appointed as view- 
ers in accordance with the prayer of the within {or annexed) petition being 
severally duly sworn, do each solemnly swear, that we will severally perform 
our duties as such viewers, faithfully and impartially. 

John Smith, 
Subscribed and sworn to ) Peter Hallowell, 

before me this — day y Milton Kilburn. 

of , A.D. 18— , ' ) 

Alfred E. Hale, Justice of the Peace. 

Form of Report of Viewers upon relocation or vacation of State Road. 

To the board of supervisors of Winnebago county : 

We, the viewers appointed by your board at the last {or present) session 
thereof, to view and examine the state road set forth and described in the 
annexed {or accompanying) petition, having been first duly sworn, and having- 
thereupon proceeded to ascertain the facts in the case, and having examined 
said road, and particularly that portion thereof in question, beg leave to report, 
tliat they do find that portion of said road particularly described in said peti- 
tion, to wit : {describe the portion of the road in question as described in the 
petition) to be useless and burthensome, and do recommend that the same 
be vacated according to the prayer of said petition; all of Avhicli is respect- 
fully submitted. 

Dated this — day of , A. D. 18—. 

John Smith, 1 

Peter Hallowell, > Viewers. 

illLTON KlLliURN, ) 

When the report is upon a petition for relocation, pursue the foregoing form to the word 
" Report '■' inclusive, and then add the following : 



ART. 17.] LAYING OUT ROADS. 91 

road they shall proceed to mquire whether the public interest re- Report for reioca- 

quires such relocation, and shall report to the board ac;cordingly, *^°'^- 

as they shall hnd the facts to be. If they shall lind that the pub- g^^.^^^. ^^^^ ^^^^^ 

lie interest requires such relocation they shall relocate the line of of leiocatiou. 

said road, as in tiieir opinion is required, and cause a survey thereof 

to be made by a competent surveyor, and shall accompany their 

report with an accurate plat and survey of such relocation. On 

receivino- the report of said viewers the board of supervisors may, 

in their discretion, order the vacation or relocation of said road, tionM relocation. 

a«-reeably to the report of the viewers. 

§ 60. No petition for the vacation or relocation of any State Notice of petition 
road shall be entertained or the prayer thereof granted by the £™^*^°^^"^ 
board of supervisors, unless public notice of the presentation of igei. 
such petition shall be given, at least twenty days prior to the pre- 
sentation, by posting up notices in at least three public places on where posted. 
the route of the road and on the door of the court house and also 
on the door of the county clerk's office should it be kept in a sep- 
arate building.^ 

§ 61. The viewers, and persons they may necessarily employ Compensation of 
to aid them, under the provisions aforesaid, shall be allowed such others!*^^^^^ '^^ 
reasonable compensation as the board of supervisors may deem 
just, to be paid out of the county treasury ; and the board shall 1881. 
have power, in their discretion, to require the apphcants for the 
vacation or relocation of any State road to deposit with the clerk Deposit of expen- 
a suffiiiient sum of money to pay the expenses of viewing the same, ^^'^' 
in case the report of the ^'ie^vers shall be adverse to the prayer of the 
petition, and to be returned, in case their report shall be favorable. 

§ 62. All public highways, laid out by order of the commis-^idth ofpubUc 
sioners of highways or supervisors, on appeal, shall not be less^°^ 
than four rods wide. 

§ 63. The public roads, now existing by law, are declared the Existing roads 
public highways of the town in which such roads shall lay, and <ieciared higia- 
this act shall not be construed as conferring any power on the com- ^^.j^^.^ ^^^^^ ^^^^ 
missioners of highways to alter state roads now or hereafter exist- missioners not to 
mg by law. 

§ 64. All roads l:ild out by authority of the county comrais- iioads by count? 
sioners or county court in counties adopting township organization ^^^^^^'^y ^^^'^^" 

That they do find that the public interest requires that such portion of said 
road particularly described in said petition, to wit : {describe the portion of 
the rod in question as described in the petition) should be relocated; that 
they relocated the line thereof agreeably to the prayer of said petition, and 
caused a survey thereof to be made by a competent surveyor, and herewith 
accompanying this report is -an accurate plot and survey of such relocation; 
we do therefore recommend that said road as relocated be established accord- 
ingly of record." 

When the report is adverse to vacation or relocation, the foregoing forms can be varied 
according to the fact 

"^Form of Notice of presentation of petition for vacation or relocation of State 

Road. 
Public notice is hereby given that a petition will be presented to the board 



92 



GENERAL PROVISIONS. 



[div. 1. 



prior to the time of adopting township organization, and which 
have been opened and traveled as highways for the space of five 
years from the date of laying out or remained open through unin- 
closed land for that length of time, are hereby declared to be pub- 
lic highways, and the order of said county commissioners or county 
court, entered of record, establishing such roads, shall be evidence 
of the regularity of all the proceedings in laying out such roads 
anterior to such order. 

§ 65. It shall be the duty of the commissioners of highways, 



Order to he evi- 
dence. 



Resurveys on ap- 



plication. 
1861. 



Consult original 
field notes and 
eurvey. 
1861. 



Re-established 
road. 



on application of twelve freeholders, residing within three miles of 
any such road, to proceed and cause the same to be resurveyed 
and more perfectly described, having posted notices of their inten- 
tion to do so, in three public places in the neighborhood of the road, 
for at least ten days prior thereto.^ 

§ 66. In resurveying any such road the commissioners of high- 
ways shall consult the original field notes or survey thereof, if the 
same can be produced, and shall hear any and all other evidence, 
written or parol, Avhich may be offered in relation to the original 
location of such road, in cases where there shall be any doubts as 
to the location and the time and manner of traveling such road; 
and having heard such evidence, they shall proceed and re-estab- 
lish the line of said road, in accordance with the evidence before 

of supervisors of Winnebago county, at the next meeting thereof, praying 

for the vacation of the following portion of the State road leading from 

to , to wit, (describe the road as described in the petition.) 

Dated this — day of , A. D. 18—. 

When the notice is for relocation of a road, the form of notice can be varied according to 
the petition. 

'^Form of application by twelve freeholders for resicrvey of road establisJied by 

County Court. 
To the Commissioners of highways of the town of Vernon, in the county of 

Zake : 

The undersigned, twelve freeholders residing within three miles of the fol- 
lowing road, laid out by authority of the county court of said county, in the 
year 18 — , to wit, (describe the road by the description by which it is generally 
'known) do hereby make application to you requesting that you cause said 
road to be resurveyed and more perfectly described, according to the law in 
such cases ; said road having been opened and traveled as a highway for the 
space of five years from the date of laying out, (or, said road having re- 
mained open through unincloscd lands for the space of five years from the 
date of laying out.) 

Dated this — day of , A. D. 18 — . 

Form of Notice of application by twelve freeholders to Commissioners of 
Highways, for resurvey of Highway established by County Court, 

Notice is hereby given that application in conformity with the law in such 
cases, will be made after the expiration of ten days from the date of this 
notice, to the commissioners of highways of the town of Ver'ncn, in Lake 
county, requesting that they survey and more perfectly describe a certain 
road laid out by authority of the county court of said county, in the year 
IS — , to wit, {describe the road as in the application) \ said road having been 
opened and traveled as a highway for the space of five years from the date 
of laying out, {or as the case may be, according to the application.) 

Dated this — day of , A. D. 18—. 



ART. 17.] ROAD APPEALS. 98 

them, and shall make a correct plat thereof, with a certificate 

of their doings in the premises, embodying their survey of the cCTScate *^ ^^^' 

road and their determination in the premises, which they shall file 

in the town clerk's office ; and which action of the commissioners 

of highways shall be final and conclusive, as to the location of such Action final. 

road and the time and manner of traveling the same.' 

§ 67. The laying out and establishing of a highway, by the Subsequent lay. 
commissioners of highways, on the route of any road laid and es- TOcate iormer 
tablished by county authority, as aforesaid, shall not operate to va- county road, 
cate or discontinue the road before laid out and estabhshed, unless ^^^^' 
the order of the commissioners shall so declare ; and such vacation 
or discontinuance shall likewise have been petitioned for. 

APPEALS. 

§ 68. Any person or persons, being owners of or agents for who may appeal, 
any tract of land upon the route or hne of or over which any high- 1861. 
way altered, discontinued or laid out shall run, feehng themselves 
aggrieved by any order made by the commissioners of highways. Time forappeai. 
may appeal from the same, at any time within tliirty days after the 
filing of such order in the town clerk's office. Such appeal shall 
note the time that such order was filed, and shall be made to three To whom made, 
supervisors of the county, neither of w^hom shall be a resident of 
the to\Yn in which said highway was situated. All persons who 
desire to make an appeal from such order shall act in concert and ^^ncert"*^ ^^ "" 
make their appeal to the same three supervisors. 

§ 69. Every such appeal shall be in writing, and signed by -^PP^^^^o^eia 

Note. — The commissioners of highways, before proceeding, should be satisfied that notice 
of the intended application for resurvey of the road in question, has been given as required 
by law ; to which end a copy of the notices posted should be preserved, and an affidavit of 
the fact of posting accompanying the notice, or endorsed thereon, as in case of the al- 
teration, discontinuance, or laying out a road, may be received as sufficient of the facta sta- 
ted ; the foUowing may be the form of such affidavit : 

J^'orm of Affidavit of posting Notices of intended application for resurvey of 

road established by County Court, 
State of Illinois, ) 
Lake County. f * 

Elisha Qridley being duly sworn doth depose and say : That he did on the 

— day of , 18 — , post three notices of which the within, {or annexed) 

is a true copy, as follows, {here state the .several places of posting,) in the town 
of Verno7i, in said county, that the places of such postmg, were then public 
places in the neighborhood of the road mentioned in said notices. 
Subscribed and sworn to before me, ) -r, /-i 

this - day of , A. D. 18-. \ ^"^^^ Gridley. 

John Lockhead, Justice of the Peace. 

^or7n of Certificate of Commissioners of hightoays re-establishing line of 

road laid out by aM,thority of County Court. 
State of Illinois, ) 
County of Lake, \ ^^^ 

We the commissioners of highways of the town of Vernon, in said county 
of Lake, do hereby certify, that application having been made to us by 
twelve freeholders residing within three miles of the road, known as {describe 
the road as in the application) requesting that said road be resurveyed and 
more T)erfectly described, and being satisfied that notice of such application 



94 GENERAL PROVISIONS. [LIV. 1. 

the party or parties appealing. It siiall briefly state the ground 
upon which it is made and whether it is brought in relation to 
damages assessed by the commissioners of highways or in relation 
What the appeal to the alteration, discontinuance or laying out of the road, or in rela- 
shaii state. ^j^^^ ^^ hoth, ov whether it is brought to reverse entirely the deter- 

mination of the commissioners or only to reverse a part thereof, and 
in the latter case it shall specify what part.^ 

had been given according to law, we did on the — day of , A. D. 18 — , 

proceed to re-establish the line of said road, and having consulted the orig- 
inal field notes and survey thereof, and having heard all other evidence 
offered in relatipn to the original location of said road, and the time and 
manner of traveling the same ; and finding that said road was laid out by au' 
thcirity of the county court of said county, and opened and traveled as a 
highway for the space of five years from the date of laying out, {or as the 
case may be,) we did resurvey and more perfectly describe the same, and 
have established the line of said road, in accordance with the evidence be 
fore us, and which line is the center thereof: as follows, to wit, commencing 
(here embody the survey, giving courses and distances as rendered by the survey- 
or,) which we do determine to be the correct line of said road. 

In witness whereof, the said commissioners of highways have hereunto set 

their hands, this — day of , A. D. 18 — . 

AsAHEL Talcott, ) Commissioners 
George Gridley, y of 

John Bolger, ) Highways. 

When the original field notes or survey on j not be produced, the foregoing form of certifi- 
cate can be varied as follows: in lieu of tao words "and having consulted the original field 
notes and survey thereof," say " in the absence of the original field notes or survey thereof, 
as the same could not be produced." 

^J^or77i of Appeal from decision of Commissioners hi altering^ discontinuing ^ 

laying out or refusing to lay out a road. 
To Homar Wilmarth, town clerk of the town of Barrington, in the county 

of Cook : 

The undersigned, Johji Jackson, of the town aforesaid, feeling himself ag- 
grieved by an order made by the commissioners of highways of said town, 

on the — day of , A. D. 18 — , in altering a highway in said town, {or, in 

laying out a highway, or, " in discontinuing," or, " refusing to lay out a high- 
way," as the case may be) does hereby appeal to, and submit the matter in 
controversy to the decision of three supervisors of the county of Cook afore- 
said, to be selected by you, agreeably to the statute in such cases ; which or- 
der of said commissioners was filed in the town clerk's office of said town on 

the — day of , A. D. 18, — , a copy of which is hereunto annexed, in 

and by which the road in question, and the proceedings and determination 
of said commissioners will more fully appear. The grounds upon which this 
appeal is made, are {here brief y state the gi'ounds,) and said appeal is brought 
in relation to the laying out of said highway, {or, altering of said highway,) 
and to reverse entirely the determination of said commissioners, {or as the 
case may be.) The undersigned therefore asks that you, as town clerk of said 
town, will proceed according to law, and select three supervisors to hear and 
determine said appeal. • 

Dated this — day of , A. D. 18 — . John Jackson. 

Note. — It ■wfn "he ■well to annex a copy of all papers in the case accruing anterior to the 
order of the commissioners of highways, as well as a copy of the order, and have the town 
clerk certify the whole to be correct copies of the original on file in his office. 

It has been held in New York, Bushwick v. Masserole, 10 Wend., 122, that an appeal, stating 
the proceedings of commissioners in laying out a road to be illegal, is a sufficient compliance 
with the law, requiring the grounds of the appeal to be briefly stated, in the case where ex- 
ceptions were taken to the sufficiency of the petition, on the ground of the qualification of 
the petitioners within the meaning of the law, yet, it was thought it would have been well to 
have specified the objection. 



ART. 17.] ROAD APPEALS. 95 

§ 70. The appeal shall be addressed to the town clerk of the Appeal, to whom 
town wherein the road m question shall be, and filed with him t'^!^'^*'^*!,'^', 

, • • T 1^ 1 • 1 1 • . 1 ^» hen nled. 

withni the time reqiured for taking appeals ; and m case there ^ggy 

shall be no town clerk in the town then such appeal may be ad- in case of no 

dressed to and filed with the supervisor or any justice of the peace *°'^^ '=^*^'^^- 

of said town ; and upon the filing of a bond by the party taking Bond. 

such appeal, executed to the supervisor of the town, in sufficient 

amount and with sufficient sureties, to be approved by said town 

clerk, supervisor or justices of the peace, conditioned to pay all ,^j?i^'^^*^^°^* 

costs arising from such appeal, in case the determination of the 

commissioners of highways in the premises shall not be reversed, 

said town clerk, supervisor or justice of the peace, as the case Seioction of su- 

1 n -It -I • T • 1 pervisors. 

may be, shall at once proceed to select, at his discretion, three j^^j^ . 
supervisors of the county, neither of whom shall be a resident of 
the town in which the highway is situated, for the hearing of said 
appeal, which supervisors shall proceed to hear and determine said 
appeal, as hereinafter provided.^ 

§ 71. In case the condition of the bond provided in the pre- suit on appeal 
ceding section shall not be complied with in thirty days after the ^^'^'i- 
appeal shall be determined, the supervisor shall bring suit thereon, 
before some justice of the peace of the county, who shall have 
jurisdiction in such cases without regard to the amount of the 
bond, and, when collected, the amount shall be paid to the several 
persons interested. 

An appeal suspends the powers of the commissioners ; and until their acts are affirmed by 
a decision they can not open the road. If they do so, they are tre.-pastsers. — Clark v. Phelps, 
4 Cow., 190. 

If on an order being made discontinuing a highway, a fence be built across it, an appeal 
Bubsequently brought will not have the effect of rendering the fence a public nuisance. — 
Drake v. Roi^ers, 3 Hill, 604. 

After the appeal the supervisors will become actors, and if they do not proceed, it can not 
be imputed as a lach to the party. — Clark v. Phelps, 4: Cow., 160. 

^Form of Bond to Sripervisors, in case of Road Appeal. 

Know all men by these presents, that we, Hugh 0. Burt and /. 0. An- 
drews, of the county of Peoria, and state of IlHnois, are held and firmly 
bound unto Joseph Slocurn, supervisor of the town of Brhnfield, in said 
county, and to his successors in office, in the penal sum of {liere inKert the sum 
sufficient to pay all costs arising from the appeal, as near as can be estimated) 
which sum well and truly to be paid we bind ourselves, our heirs, executors 
and administrators, jointly and severally, firmly by these presents : Sealed 
with our seals, and dated this — day of , A. D. 18 — , . 

The condition of the above obligation is such, that, whereas, the above 
bounden H^ugh Burt has appealed from the decision of the commissioners 
of highways of said town of Brinifield, in laying out {or as the case may be,) 
a highway, from {describe the road briefly) by their order bearing date the 

— day of , A. D. 18 — , and filed in the town clerk's office, the — day 

of '■ A. D. 1 8 — . Now, therefore, if the above bounden Hugh 0. Burt, 

shall promptly pay, or cause to be paid all costs arising from such appeal, 
in case the determination of the commissioners of highways in the premises 
shall not be reversed, then the above obligation to be void, otherwise to re- 
main in full force and effect. 

Hugh 0. Burt, [seal.] 
J. 0. Andrews, [seal.] 

Approved by me, this — day of , A. D. 18 — . 

Joseph Blanch ard, Town Clerk. 



96 GENERAL PROVISIONS. [DIV. 1. 

Rule for selecting § 72. The town clerk, supervisor or justice of the peace, as 
Bupervisors. ^j^^ ^^^^ ^^y. |^g^ ^^ making the selection of the supervisors as 
selection.^ ^ aforesaid, shall have due regard to the interests of the persons in- 
terested, and shall, upon making such selection or nomination, 
give a certificate of the same, which shall be delivered to the per- 
son taking such appeal ; which certificate said person shall cause 
to be delivered to one of the supervisors therein named, within 
ten days from the time of fihng such appeal with the town clerk 
or other officer, as aforesaid, and shall also, within the same time, 
Notice of appeal, cause a notice of such appeal to be given to the other two super- 
visors named in said certificate.^ 
Meeting of super- § 73. It shall be the duty of the supervisors to whom the ap- 
appeai*to^be ^^"^^"^ P^^^ ^^ made, as soon as may be convenient, after the expiration 
agreed on. of thirty days from the filing of the order in the town clerk's 

office from which the appeal is made, to agree upon a time when 
and where they will meet to consider the same ; which shall be at 
some place deemed convenient, at or near the road to be examined. 
Appellant to ^ve § 74. The pcrson or persons making the appeal shall cause a 

notice of time . 

and place. '^Form of Certificate of Town Clerk on selection of three Supervisors for hear- 

ing Appeal, 
County of Cook, ) 
Town of Barrington, ) 

I, Homer Wilmarth^ town clerk of said town of Barrington^ do hereby 

certify that on the — day of , A. D. 18 — , came John Jackson^ and 

filed with me his appeal in writing, appealing from the commissioners of 
highways of said town of Barrington in altering a highway (or in laying out 
. a highway, or as the case mag be^) as follows : {here describe the road as set 

forth in the order ; which order of said commissioners in altering said road 
(or as the case may be) was deposited with me, and filed on the — day of 

, 18 — . The grounds upon which said appeal is made, are (here state 

the grounds as contained in the appeal) and that I have selected George M. 
Huntoon^ supervisor of the town of Evanston^ Benjamin Cool^ supervisor of the 
town of Breme7i, and /. 3Iatieson, supervisor of the town of Wheeling, to hear 
and determine said appeal, having had, in making such selection, due regard 
to the interests of the persons interested. 

Given under my hand this — day of , A. D., 18 — . 

Homer Wilmarth, Town Clerk. 

Form, of Notice to be given to Supervisors by persons taking Appeal, 
-eorge M. Hunton^ Esq., supervisor of the town of Evanston, county of 



Cook. 

Sir: — The undersigned has taken an appeal from the decision of the com- 
missioners of highways of the town of Barrington, in the county aforesaid, 
in altering a highway, or in laying out a highway {or as the case may be,) as 
follows : — {here describe the road as set forth in the order : ) Avhich order of 
said commissioners, in altering said road (or as the case may be) was depos- 
ited with the town clerk and filed on the — day of , 18 — , and said 

appeal was filed with said town clerk on the — day of , 18 — , whereupon 

supervisors George M. Huntooii, of Evanston, Benjamin Cool, of Bremen^ 
and J. Matteson, of Wheeling, were selected by said clerk to hear and de- 
termine said appeal. The grounds upon which said appeal is made, are {state 
the ground as contained in the appeal.) 

Dated this — day of , 18 — . 

John Jackson. 



ART. 17.] I^^^I> APPEALS. 97 

notice, in writing, of tlie time and place agreed on by the three 
supervisors when and where they will meet, to be served on each 
of the commissioners of highways from whose order they appealed, 
and also on at least three of the petitioners v/ho petitioned in rela- \ 
tiontosuch road; which notices shall be served at least eight Service of notice 
days before the time mentioned therein, by dehvering one to each 
commissioner or leaving one at each of their dwelling houses ; and 
in hke manner shall the notices be served on each of the three 
petitioners.^ 

^Form of Notice of Appeal to he given to Commissiojiers of Highways and 
Petitioners. 

To John B. Judd^ James D. Twogood and Truman Judd^ commissioners 
of highways of the town of Lysander^ in the county of Winnebago : 
giRS : — Please take notice that I have appealed from the decision of the 

commissioners of highways of the said town of , made on the — 

days of , laying out a highway, as follows, to Avit : {here insert a de- 
scription of the road: ) and that A. B., supervisor of the town of -, C. 

D., supervisor of the town of , and E. F., supervisor of the town of 

^ of said county, to whom said appeal is made, will meet at the house 

of , on the — day of , at — o'clock, — M., for the pur- 
pose of hearing and determining said appeal ; which appeal is taken for the 
purpose of wholly reversing the decision of said commissioners in laying out 
the said road {or as the case mag be) at Avhich time and place you may appear 
and show cause, if any you have, why said decision should not be wholly 
reversed. Yours, &c., Edwin M. Luther. 

: Dated this — day of , A. D. 18—. 

This notice should be served by delivering a copy to each of the commissioners, or by leav- 
ing at their dwellings. In tho notice of the three petitioners, the address can be thus : 

*' To {name the petitioners) three of the petitioners who petitioned for the 
road herein described." 

The notice should be served upon the three petitioners in like manner as upon the com- 
missioners of highways, so that each may have a copy. A true copy should be retained by 
the person or persons, taking the appeal ; and the person serving such notice should make 
affidavit of the fact, to be indorsed upon the back of the copy of the notice retained, which 
affidavit may be in the following form. The supervisors to whom an appeal is taken, can not 
act unless the commissioners and thi-ee of the petitioners are notified, and should they do so, 
their action is invaUd. The appeal, however, will not be dismissed on failure to give the 
notice ; it will stand untU acted on by the supervisors. — McPherson et al. v. Holdridse. 24 
Ills., 38. 

Form of Affidavit of Service of Notice of Appeal upon Commissioners of 
Highways. 
State op Illinois, \ 
Winnebago County, ^ ^^' . 

Edwin M. Luther, being duly sworn, doth depose and say : That he did, 

on the — day of , A. D. 18 — , make service of a note in writing, of 

■which the within is a true copy, upon A., B., and C, commissioners of high- 
ways of the town of Lysander, in said county, by delivering one to each of 
said commissioners, {or by leaving at their dwelling houses as the case may be.) 

Edwin M. Luther. 
Subscribed and sworn to before me, ) 

this -«- day of , A. D. IS—, j" 

A. S. Vandyke, Justice of the Peace. 

Fortn of Affidavit of Service of Notice of Appeal upon three of the Petitioners. 
State of Illinois, ) 
Winnebago County, f ^^• 
Fdson P. Albee, being duly aworn, doth depose and say, that he did, on 



98 GENERAL PROVISIONS. [DIV. 1. 

Supervisors to § 75. It shall be the duty of supervisors to convene at the 

pioofe!^^ ^^^ tii^6 and place mentioned in the notice, and to hear the proofs and 
allegations of the parties. They shall have power to issue pro- 
witnesses may ccss, to compel the attendance of witnesses, and may adjourn from 
decSion *^^"^ *^^^ ^^ time, as may be necessary. Their decision, or that of any 
two of them, shall embrace the whole matter in controversy. 
They shall, first, consider the propriety and expediency of locating, 
altering or discontinuing the road ; secondly, the subject of dam- 
Manner of pro- ages, if such subject was embraced in the appeal under which 
a^lS^ ^ '^^"^^ t^^y ^^^ acting ; and they shall fix upon the amount of damages 
which, in their judgment, is right and just, to be paid to each per- 
son claiming damages ; but no person shall be entitled to reassess- 
ment of damages, unless his or her name appears in the appeal in 
reference to that subject. The supervisors shall be governed by 
the same rules, in assessing damages, as is provided in section 
fifty-six of this article, for the government of commissioners of 
highways in such case.^ 

the — day of , A. D. 18 — , make service of a notice in writing of 

■which the within is a true copy, upon Ezekiel Bvown^ Wm. Courtrlgltt and 
Geo. S. Parker^ being three of the petitioners who petitioned for said road, 
by delivering one to each of said persons, [or by leaving at their dwelling 
houses, as the case may be.) . Edson P. Albee. 

Subscribed and sworn to before me, ) 

this — day of , A. D. 18—. \ 

A. S. Vandyke, Justice of the Peace. 

The attendance of a majoritj' of the commissioners of highways, it seems, would he a 
waiver of notice as to the commissioners, but the attendance of one only will not have that 
effect.- 20 Wend., 186. 

Wiiere commissioners of highwaj'S have acted upon a petition and treated it as valid, they 
can not afterwards in any proceeding in which they may be concerned, deny its sufiiciency. — 
See Carmel v. .fudges, of Putnam., 7 ITe;i«/., 2G4. 

When the supervisors, dismiss an appeal and adjourn without any intention of further 
action, they can not resume the subject, unless notice of the time and place of a future 
meeting is served on the commissioners of highways and on the three petitioners before 
served, and without these, the action of the supervisors is void. — Keech v The People, 22 
Ills., 478. 

^Form of Order of Supervisors on Appeal from Commissioners in altering^ 
discontinuing^ laying out, or refusing to lay out a Highway. 



State of Illinois, 



County, 



Whereas, on the — day of , 18 — , G. H. filed with the town clerk 

of the town of , in said county of , an appeal addressed to 

said town clerk, appealing from the order and determination of the commis- 
sioners of highways of said town of , in altering, (" in discontinuing," 

" in laying out," or " refusing to lay out,") a highway as contained in the 
order of said commissioners deposited with said town clerk and filed the 

— day of , 18 — , a copy of which said order, as well as all the papers 

before us in said appeal are hereunto annexed, and said town clerk having 
selected us, the undersigned three of the supervisors of said county, for the 

hearing of said appeal, and we having met on the — day of , 18 — , 

at — o'clock, — M., Sit {stating place) to hear the proofs and allegation of the 
parties, being the time and place agreed upon by us when and where we 
would meet to consider such appeal, and it appearing that said comniis. 
sioners of highways, and three of the petitioners in said case, had been duly 
notified of such meeting, as required by law, we did proceed to hear th( 
proofs and allegations of the parties, and to consider said appeal ; and wt 
being now fully advised in the premises, do adjudge, order and determine! 



ART. 17.] ROAD APPEALS. 99 

§ 76. Upon the refusal of the commissioners of highways to Appeal in case of 
alter or discontinue a road or lay out any new road, petitioned for Sscontinue or' 
as provided in section fifty-one of this article, any one of the peti- lay out road, 
tioners may appeal from such determination in the same manner ^^^1- 

that the order and determiuation of said commissioners of highways, be and 
the same is in all things affirmed, (or as the case may be.) 

In witness whereof, we have hereunto set our hands, this — day of , 

A. D. 18—. 

A. B., Supervisor of the town of •. 

CD., " " '* . 

E. F., " " " . 

Fees of Supervisors, one day each, $4.50. 

Note.— Where the appeal is from the order of the commissioners of highways, in altering, ' 

discontinuing or laying out a road, and the super^dsors decide that such alteration, discon- v 

tinuance, or laying out is necessary and proper, and that the public interest will be promoted 
thereby, they ^vill simply state in their order that the order and determination of the com- 
missioners of highways is in all things affirmed. 

Where the appeal is from the determination or order of the commissioners in refusing to 
lay out, alter, or discontinue a road, and they shall decide that such road ouglit to be laid 
out, altered, or discontinued, the foregoing form of order should be changed as follows : 

"And we being now fully advised in the premises, are of opinion that the 
laying out {or alteration, or discontinuance) of said highway is necessary 
and proper, and that the pubHc interest will be promoted thereby — ■ 
we do therefore order, that the order and determination of said com- 
n.i^sioners of highways be and the -arae is hereby in all things reversed ; 
and that said highway be laid out (or altered j according to the following 
survey thereof which we have caused to be made by a competent surveyor, to 
wit, {here incorporate the survey or the s7irveyor) eind do order and determine 
that the same be established {or altered) according to said survey and the 
plat hereunto annexed and made part of this order, which is hereby declared 
to be a public highway, four rods wide, the line of said survey being the 
center thereof" {in case of discontinuance, say; "and do order and deter- 
mine that said highway be and the same is discontinued according to the 
petition therefor.") 

Note. — Where one of the supervisors becomes unable to attend, before the determination 
of the appeal whereby another is associated in his stead, some statement of the fact should 
appear in the order of proceedings of the supervisors, otherwise there would be a variance in 
the record, and tlie person associated would seem to be a stranger in the transaction. In. 
such cases, the order may be varied as follows : 

"And said town clerk having selected A. B., C. D., and I. J., three super- 
visors of said county, for the hearing of said appeal, and said I. J. being 
unable to attend, before the determination thereof and the undersigned E. 
F., a supervisor of said county being duly associated in place of said 
I. J. , and we the undersigned supervisors having met on the — day of, &c., 
(conclude according to the form of order.) 

Note. — The form for assessment of damages by commissioners of highways in laying out a 
road, can be varied to suit the occasion of assessment of damages by supervisors en appeal. 

The order of the supervisors altering or establishing a road should always be drawn with a 
great degree of care, and should properly show, by recital or by documents and papers annexed 
and referred to, a history of the whole proceedings, so as to make a perfect record ; the forego- 
ing form is recommended as being the most convenient method ol the two. It has been held 
in New York, Harrington v. People, 6 Barb., 607, that to give commissioners of highways 
jurisdiction of proceedings to lay out a highway, an application must be made to them iu 
writing, duly signed as required by law ; and that an order directing the laying out of a 
highway, made on appeal from the decision of such commissioners, must show the making 
of such application to the commissioners, otherwise the order ^vill not be conclusive evidence 
of the regularity of the proceedings for laying out the road. 

On an appeal from the doings of the commissioners in laying out a road, an inquiry into 
the damages of the owners of lands, it seems, will be proper to enable the supervisor to de- 
termine whether the benefit will equal the expense, and whether the public good will be pro- 
moted by the toajiX.—Busimick v. 3Iesserole, 10 Wt7id., 122. 



/ 



100 GENERAL PROVISIONS. [dIV. 1. 

and subject to the same provisions and restrictions as relates to 
persons who feel themselves aggrieved by a determination of the 
commissioners to alter or discontinue a road or lay out a new road.^ 
wiien decision of § 77. "Wliere an appeal shall have been made from the deter- 
re™eTsuper-^ mination of the commissioner's refusing to lay out, alter or discon- 
Tiaors to proceed, tinuc a r(tad and the supervisors shall reverse such determination 
such supervisors shall alter, discontinue or lay out the road applied 
for, as the case may be, and in doing so shall proceed in the same 
manner in which commissioners of highways are directed to pro- 
ceed in the like cases. Such road shall be opened by the com- 
missioners of the town, in the same manner as if laid out by them- 
selves. 
Appo-jJs in cnso § 78. Appeals may be had from the determination of commis- 
Une!^*^ ^^ *'^^™ sioners of highways of two adjoining towns, in altering, discon- 
1861. tinning, laying out or refusing to lay out any road upon the line 

betrv^een said towns, which shall be granted and conducted in all 
respects as in other cases, except that the appeal shall be addressed 
now taken. to the town clerks of both towns or other officers of each town, as 
necessity may require. Each clerk shall select one supervisor, 
and the party appealing may select the other. Said clerks shall 
jointly certify the facts of such selection. The supervisors so 
selected shall proceed, as near as may be, as provided in other 
cases. The bond for costs in such case, may be executed to the 
supervisor of either town. Duplicate copies of all orders and pro- 
ceedings, in such caries, shall be filed with the town clerks of each 
town. 
v»'hen supervisor § 79. In case r.ny one of the supervisors to whom suck appli- 

i ■ unable to at- __^ "_ 

tend, another as- j^ peems that supervisors on hearing: appeals from commissioners of highwajs, decide the 
sociated. appeal, not on the facts existing at the time of the ori.dnal application to the commissioners, 

hilt on the facts existing at the time of the hearing before them. In this respect, the hear- 
ing before them is in the nature of a new proceeding. See People v. Goorlwin^ 1 Selffen. 573- 
It Is held that it is no part of the duty of supervisors, in consideriDi.- appeals, to entertain 
dilatory or technical objections. They are bound to hear and determine the case on the 
merits. The only questions for them to decide are, as to the expediency or inexpediency of 
the road, and the amount of damages which will be sustained by the location thereof. — Bea- 
dles V. Smith, 15 Ills., 325. 

The supervisors have, no doubt, authority to decide whether the appeal is properly before 
them, but it seems they have no authority to entertain an objection to the regularity of the 
proceedings anterior to the decision of the commissioners ; as their decision can only be on 
the merits, as to the necessity and propriety of laying out the road ; and if any irregularity 
has intervened previous to the decision of the commissioners, it can only be con-ected by 
certiorari directed to the commis.siouers. — Warwick v. Judges of Oswego Co., 13 Mu., 433. 
All objections of a dilatory nature should be made before the commisioners of highways, and 
should they err in their proceedings, the remedy by certiorari, and not appeal, is the proper 
course, and which it seems will be awarded in such cases. — See People v. Wilkinson., 13 Ills., 
660. ' 

It seems that where supervisors have committed errors in their order, reversing the 
order of the commissioners and determining to lay out a road they have a right, after filing 
their order, to deposit in the town clerk's office a document correcting the errors ; which will 
be deemed a valid amendment. The reversal of the commissioners' order and the determina- 
' tion to lay out the road, were quasi judicial acts, and could not be reversed or altered by the 

supervisors ; but making up the record of their proceedings was ministerial, and should they 
refuse to make such correction, it seems a mandamus will be awarded, requiring them to do 
Eo.—Hallock V. Woolsey 23 \Vend., 328. 

Where the commissioners of highways refuse to open a road laid out by the supervisors, 
on appeal, a mandamvs lies to compel them to do so ; which writ need not in the first in- 
stance be directed to the commissioners by their individual names. It is only in case of diso- 
bedience to the writ that they are to be proceeded against personally. — Peoples. Champion, IQ 
Johns., 61. 

(1) It has been held in New York, 7 Wend., 264, that a general appeal from the determina- 
tion of commissioners refusing to lay out a> road, is a sufficient compliance witli the require- 
ments of the statute. 



Bond for costs. 



ART. 17.] DAMAGES. 101 

cation shall have been made shall become unable to attend before 
, the determination of such appeal, it shall be the duty of the remain- 
ing supervisors named therein to associate with themselves another 
of the supervisors of the same county, who shall act Avitli them in 
all subsequent proceedings, in the same manner as if he had been 
originally named in such appeah In case the term of office of any ^{Then term of 
supervisor shall expire before the determination of such appeal he <>2ice expires, 
shall continue to act in the premises, the same as if he had been 
re-elected. 

§ 80. Every such supervisor shall be entitled to receive one Compensation of 
dollar and fifty cents for every day employed in hearing and de- town cSk. ^^ 
ciding such appeal or when necessarily engaged in reference to the 
same ; and the town clerk, supervisor or justice of the peace shall 1861. 
be entitled, for giving a certificate of an appeal, fifty cents, to be 
paid by the party appealing, where the determination of the com- Ey whom paid, 
missioners of highways shall be affirmed ; but, where it is reversed, 
to be charged against and paid by the town. 

§ 81. After the action of the supervisors upon an appeal from 1861. • 
the decision of the commissioners of highways, in laying out, vaca- 
ting or altering any road, no application shall be entertained by 
commissioners for the relaying, vacation or alteration of the same 
road within one year from the date of the determination of the 
supervisors thereupon. 

DAMAGES. 

§ 82. The amount of damages, as finally settled by the three Damages assessed 
supervisors or as agreed on by the commissioners of highways, ;!epo3edlnd\u! 
together with all charges of officers and other persons em})loyed<iited. 
in laying out, altering or discontinuing any road, shall be rendered 
by the commissioners of highways to the board of town auditors, 
with the amount of damages and charges due each individual ; 
which account shall be audited by said board, certified to and depos- 
ited with the town cierk.^ The town clerk shall make out the 

'^Forui of Statement of daniagea and charges in laying out road, to be rendered 
by Coniin iasio nerst. 

To the board of tovrn auditors of the to^'ii of Geneseo, in the county of 
Henry ; 

The following is a statement of damages as settled by the supervisors on 
appeal, (or as agreed on by the commissioners of highways,) in laying out, 

{or as- the case may be,) a road in the said town of , from, {de'<cribe the 

road brie flii), together with all charges of officers, and other persons employed 
in layi'ng out the same, (or as the case viay be.) 

Damages allowed and due to A. B. for land taken for said road, |100.00 

Charges of C. D., E. F. and G. H., supervisors, for services in laying 

out said road, one day each, . . , . \ 4.50 

Charges of I. J., as surveyor, one day, .... 3.00 

{Set forth the charges due each individual.) 



Total amount, . . . $107.50 

Dated this — day of , A. D. 18 — . 

E. A. Wood, 
John S. Hanna, 



R. P. Amsden, '\ ofHi?'i^vays. 



Commisi^ioners 



case of excessive 
damages 



102 GENERAL PROVISIONS. [dIY. 1. 

Amount to be de- aggregate amount of such damages and charges, with his certificate 
li^ered to super- thereto attached, and dehver the same to the supervisor of the 
town previous to the annual meeting of the board of supervisors.^ 
Proceedings in § 83. After a final decision by any three supervisors to whom 
any road difficulty has been appealed, if, in the opinion of the 
supervisor, town clerk, the justices of the peace and the commis- 
sioners of highways, or any five of them, the damages are mani- 
festly too high, and that, in providing for the payment thereof, an 
oppressive tax will have to be levied on the property of said town, 
the}^ may petition the board of supervisors, at any meeting of said 
board, held within six months after such decision, for relief, either 
fi-om the whole or a part of the damages. The board shall 
hear the reasons for and against granting such relief, and if a 
majority of them shall be of opinion that the town should be 
relieved from the whole amount of damages, then and in that case 
the opening of said road shall be postponed until the damages, or 

Form of Auditor^ s Certificate, to accompany foregoing st&tement of Commis' 

sioners. 
Henry County, 
Town of Geneaco, 

We, the board of auditors of said town of Genefieo, do hereby certify that 
the foregoing (or within or annexed) statement of damages and charges, ren- 
dered to us by the commissioners of liighways of said town, has been exam- 
ined by us, and the several amounts allowed and audited as therein rendered. 

In witness whereof, we have hereunto set our hands, this — dav of , 

A. D. 18—. 

H. J. Humphrey, ^ 
Patterson Holmes, ! Board of 
J. A. McCoNNKLL, [ Town Auditors. 
S. Flemming, j 

^For)n of Statement of aggregate amount of road damages and charges, ivith 
Certificate of Clerk, to be delivered to Supervisor. 

In the matter of damages as settled by the supervisors, {or as agreed on 
by the commissioners of highways,) and charges, in laying out {or altering 
or discontinuing) the following road in the town of Walnut Grove \n the 
county of Knox, {de-'<crilje the road brief y,) as the account therelbr lias been 
audited and certified to by the board of town auditors,' and deposited with 
me, thev are in the aggregate, dollars. 

Dated this — day of , A. D. 18—. 

John Fowler, Town Clerk. 

Form of Certificate of Clerk to be attached to foregoing statemod. 

Knox County, } ^^ 

Town of Walnut Grove, \ ' 

I, John Fowler, town clerk of said town of Walnut Grove, do hereby cer- 
tify that the statement hereto attached, is a correct statement of tiie aggre- 
gate arao\mt of damages and charges accruing, as set forth in said statement, 
as the same appears by the account audited and certified to by the board of 
town auditors of said town, and deposited with me. 

In witness whereof, I have hereunto set my hand this — day of , A. D. 

18—. 

John Fowler, Town Clerk, 



ART. 17.] ROADS — EXTENDING, ETC. 103 

a major part thereof, are in some other way provided for than by Opening of road 
levying a tax upon the property of the town.* ^^^ ^°^^ ' 

ROADS EXTENDING INTO ADJOINING TOWNS, AND ON STATE, 
COUNTY AND TOWN LINES. 

§ 84. When the commissioners of hiojhways of any town shall Meeting of com- 

-. . , , • • £• .1 j_ i? xi missiouers of ad- 

disagree with the commissioners or any other town ot tiie same joining towns in 
county, relating to the laying out of a new road or the alteration ^^^°^ disagree- 
of an old road, extending into both towns, or when the commis- 
sioners of a town in one county shall disagree with the com- 
missioners of a town in another county, relative to the laying out 
of a new road or altering an old road which shall extend into both 
counties, the commissioners of both towns shall meet together, at 
the request of either disagreeing commissioner, and make their 
determination upon such subject of disagreement. 

§ 85. Whenever the commissioners of highways of any town petition for lay- 
receive a petition praying the location of a new road, alteration or u^n^or* kScontin- 
discontinuing of an old one, upon the line between the two towns, uance of road on 
such road shall be laid out, altered or discontinued by two or more ^^^^ ^®' 
of the commissioners of highways of each of said towns, either 
upon such line or as near thereto as the convenience of the ground 1861. 
will admit ; and they may so vary the same, either to the one or to 
the other side of such line, as they may think proper. The peti- Petition to whom 
tion in such cases shall be addressed to the commissioners of the ^•^^'^^s^'i- 
two towns, jointly, and presented to each in duplicate. 

1 Form of Petition to Board of Supervisors where damages are manifestly/ too 

high. 
To the board of supervisors of the county of Stephenson : 

The petition of the undersigned, the supervisor, town clerk, justices of the 
peace, and the commissioners of highways of the town of Wadoms, in said 

county, respectfully represents that on or about the — day of , A. D. 

18 — , application was made to the commissioners of highways of said town 
of Wad'mis, to lay out a road as follows : {here insert the road as prayed for 
in the petitioyi^ ) and the said commissioners did determine that the said road 
be laid out and opened, and established the same as follows : {describe the 
road as laid out,) from which determination of the commissioners of highways 
an appeal was taken to A., B., and C, three supervisors of said county ; and 
upon the hearing of said appeal, the said supervisors did determine and order 
as follows, to wit: {here state particularlg the damage^' assessed,) which, dama- 
ges, in the opinion of your petitioner-s, are manifestly too high, and in pro- 
viding for the payment thereof an oppressive tax wiU have to be levied on 
the property of said town of Wadoins. 

Your petitionei\s, therefore, in behalf of said town, pray for relief in the 
premises, either from the whole or a part of said damages, and that the open- 
ing of said road may be postponed until the damages, or a major part there- 
of, are in some other way provided for than by levying a tax upon the prop- 
erty of said town. 

James Thomas, Supervisor. 

James Manny, Town Clerk. 

William Hayes, ) j . ^ ^^ p 

Samuel Beciitold, ) 

John A. Van Eps, ) Commissioners 

Nicholas Marselis, > of 

John Savart, ; Highways. 

, ated this — dav of, , A. D. 18 — . 



104 



GENERAL PROVISIONS. 



[div. 1. 



Road on town 
line, how divided 
into road dis- 
tricts. 



Eoad districts 
on town line, 
how allotted. 



Eoads heretofore 
laid out on town 
line. 

Eoads on state 
line. 

1857. 



§ 86. It shall be the duty of the said commissioners, when there 
may be such highway, to divide it into two or more road districts 
in such manner that the labor and expense of opening, working 
and keeping in repair such highways through each of the said dis- 
tricts, may be equal, as near as may be, and to allot an equal num- 
ber of the said districts to each of the said towns. 

§ 87. Each district shall be considered as wholly belonging to 
the town to which it shall be allotted, for the purpose of opening 
and improving the road, and keeping it in repair ; and the commis- 
sioners shall cause such highway and the petition and allotment 
thereof to be recorded in the office of town clerk, in each of their 
respective towns.^ 

§ 88. All highways, heretofore laid out upon the line between 
any two towns, shall be divided, allotted, recorded and kept in 
repair in the manner above directed. 

§ 89. Highways may be laid out and opened upon the line 
between this and any adjoining state, as provided in the five pre- 
ceding sections, whenever the laAvs of such adjoining state shall be 
applicable. 

OPENING HIGHWAYS. 

Opening of roads § 90. Whenever the commissioners of highways shall have 

provedk^ laid out any public highway through any inclosed, cultivated or 

improved lands, in conformity with the provisions of this act, and 

their determination shall not have been appealed from, they shall 

give the owner or occupant of the land through which such road 

Sixty days' notice shall havc been laid sixty days' notice, in writing, to remove his 

to remove fences. fgj-,(,gg^ jf ^^-^q)^ owncr clocs not rcmovc liis fenccs, within sixty 

Removal of days, the commissioners shall cause such fences to be removed, and 

shall direct the road to be opened and worked ; and such owner 

shall forfeit to the town the sum of fifty cents a day for every day 

he shall permit his fence to remain, after the expiration of said 

sixty days.^ 

(1) When a road is located on a dividing line between townships, the commissioners of high 
ways of the towns must create road districts and allot the expense, etc., of keeping up the 
road among the districts as nearlj" equal as possible, giving each town an equal number of 
districts, each road district to be attached to the town in which it lies. Without such an 
allotment, the road can not be opened, neither of the towns having power to act. Keeck v. 
The People, 22 Ills., 478. 

The road in such case should be opened by the commissioners of highways of the town to 
■which road districts are allotted ; such allotting gives to the commissioners jurisdiction over 
60 mnch of the road as is contained in the road districts allotted to their town. 

2 Ji'orjn of Notice for Removal of Fences. 
To Mr John Smith : 

You will take notice that the commissioners of highways oi the town of 
Read, in the county of Will, have laid out a public highway, agreeable to an 

order of said commissioners, bearing date the — day of , A. D. 18 — , a 

copy of which is hereunto annexed ; Avhich highway passes through certain 
enclosed {or cultivated, or improved,) lands owned {or occupied) by you. {It 
will he well here to describe the premises v>ith reasonable certainty.) You are 
therefore hereby notified and required to remove your fences from within the 
bounds of said "highway, within sixty days after the service of this notice. 

Henry Watkiks, j Commissioners 
Shkldon Young, V of 

Henry Stone, ) Highways. 
Dated this — day of •, A. D. 18—. 



fences. 



Forfeiture. 
1861. 



ART. 17.] PRIVATE ROADS. 105 

§ 91. If the determination of the commissioners shall have Notice to remove 
been appealed from, then the sixty days' notice shall be given, ^^^^^*^^ '^^^^ ^^^' 
after the decision of the supervisors upon such appeal shall have 
been filed in the office of the town clerk of the town. 

§ 93. All highways, laid out by order of the commissioners or Roads to be 
supervisors, on appeal, shall be opened within five years from the opened in five 
time of laying out the same. If not opened within the time afore- isei. 
said the same shall be decreed [deemed] to be vacated.^ 

PRIVATE ROADS. 

§ 93. Private roads may b6 laid out by the commissioners of c'ommissioiierg _ 
highways, from the dwelling or plantation of individuals to any ™ ^ roac£" ^"' 
public road, or from one public road to another, or from one lot of 1861. 

Note. — This notice should be served by leaving a copy with the owner or occupant, and 
should be served by, or in the presence of, some indifferent person, havini^ no interest in the 
matter ; and a true copy should in all cases be retained by the comuiissiouerf, as actual notice 
must be proved should it ever be questioned, and will not be presumed. The presumption 
■which is sometimes iaslulged in favor of public ofiicers, does not extend to such a case. — Case 
V. Tompson, 6 Wend., 634. 

If fences are removed without giving sixty days' notice, all persons concerned therein are 
trespassers. — Kdiyy. .HorCon, 2 Cow., 424. 

An overseer of highways in pi'oceeding to open a road by removal of fences can not justify 
in an action of trespass, by showing merely an order from the commissioners of highways, 
directing him to open the road ; if the legality of the road is questioned, he must show also 
that it was in all respects legally laid out and established. The commissioners, and ail persous 
acting under them, must show that a case existed which justiiied the order issued by them. — 
Guptail V. Teft, 16 Ills., 355; Dunning v. Mathews, Id., 308 

It has been held in numerous instances, that payment or assessment of damages of the 
owners of lands through which a pubUc highway is laid is not a condition precedent to the 
right to open the road ; and where a law authorizing the taking of private property for pub- 
lic purposes, -provides for a just compensation to the owner, it is not imconstitutional because 
it omits to make the assessment and payment of damages a condition precedent to an entry 
upon, and occupation of the premises. It is deemed suiflcient if the law makes definite and 
certain provisions for ultimate compensation to the owner. — Baker v. Johnson, 2 Hill, 842 ; 
Smith V Helmer, 7 Barb , 416; Robottom v. Mc Clare., i Black., 505 But not so, it seems, 
in case of a railroad or private corporation — Blood^oou v Mohawk Sf Hudson River R. R. 
Co., 18 Wend., 9 

Where commis.sioners of highways had laid out a road in pursuance of law, but neglected 
to file their proceedings and a mandamus directed to their successors, coniniauding them to 
open it, by mistake misdescribed the road, on application for a rule requiring the defendants 
to furnish the original application, and that the mandamus be amended thereby, it appeared 
that the paper sought for had remained in the hands of H., a former commissioner, and was 
ieyond the control of the defendants Motion, therefore, denied as to the defendants But 
If rule was made upon H. that he file a paper with the clerk of the town, &c or shew just 
cause why he should not do so. — People v. Vail, 1 Cow., 589 

A mandamus to commissioners of highways to open and work a road will be granted v>ith- 
out regard to the near approach of the expiration of their offices ; when the term of the office 
expires, their successoi-s must obey the cominandof the writ. — People v. Collins. 19 Wend., 56. 
A mandamus is not a proper remedy to try the question of the location of a public highway, 
as between the pubhc and the landholders over whose land it passes. The court ha.s a dis- 
cretion in granting or refusing the writ. — People ex rel. Morgan v. Curyea tt al., 16 Pis , 547. 
Where a road is used and traveled by the pubhc as a highway, and is recognized and kept 
in repair as such, by the authority whose duty it is by law to open and repair public roads, 
proof of these facts furnishes a legal presumption, liable to be rebutted, that such road is a 
pubhc highway.— jE^mart v. People, 1 Gilm., 4; Nealy v. Brown, lb., 10. 

Pai-ol evidence is admissible to show where a road is located. Although there should be 
pome uncertainty as to the precise location of the road, yet if the evidence be such as to con- 
vince the jury as to its location, it is sufficient for them to act upon. — Nealy y. Brown, 1 
Gihn.,10. 

If the public is to be charged with the abandonment of a road, the pi'oof of the fact must 
be accompanied by the further proof that another road has been adopted in its stead. 

A public road, established by pubhc authority, continues as such until it shall be vacated 
by a hke authority.— C/ia>nj?^m v. Morgan, 20 Ills., 181. 

(1) It is held in New York, that the road must be completely opened ; if any part thereof 
is permitted to remain fenced up for the space of time in which the road is required to be 
opened, and the travel turned another way to avoid the field, this will vacate so much of the 
road as remains fenced up. — Lyon v. Muiison, 2 Cow., 426. 

It seems that a road passing through unimproved and uninclosed lands, is considered in 
contemplation of law, opened when established. — Ferris v. Ward, 4 Gilm., 499. 



106 GENERAL PROVISIONS. [dIV. I. 

land to another, or from a lot of land to the highway ; and when- 
ever any individual desires to have a private road laid out, as afore- 

Appiication for, g^j^]^ ^^^.\^ individual may apply to the commissioners of highways 
to lay out such private road, and the commissioners shall proceed 
to examine into the merits of such application, and be governed in 

Proceedings to their proceedings by the rules and regulations prescribed in this 
act in relation to public roads. The damages assessed, in conse- 

Damagesby qucncc of the laying out of such private road, shall be paid by the 

whom paid. person applying for the same, and, when paid, the persons apply- 
ing thereibr, their heirs and assigns, shall have the right to open 
said private road, and shall have the right of way upon the same 

For use of person forever thereafter, but not to be converted to any other use or pur- 
applying. p^^^ ^j^^^, ^^^^^ ^f ^ j,^^^j 1 

^ Form of Application to Commissioners of Higliways^ for Private Road. 
To the commissioners of highways of the town of Waukegan, in the county 

of Lake : 

The undersigned, Reuben White, desiring to have a private road laid out 
from liis dwelling to a public road, {or as the case 7nay be,) docs hereby apply 
to you to lay out a private road, three rods in width, [set forth the vAdih de- 
sired,) from his dwelUng house in said town, on the most eligible route, to 

the public road leading from to , and intersecting said road at 

[or near, &;c. ; describe the route of the private road as desired.) 

Dated this — day of , A. D. 18—. 

Note. — The legislature, it would seem, have considered prirato roads here provided for, 
somewhat in the nature of public highways, and the taking of land, the private property of 
individuals, in establishing such roads, may be regarded as a taking by the pubhc 'ihe com- 
missioners of highways, in laying out private roads, as will be seen, are required to proceed 
and be governed in their proceedings by the rules and regulations prescribed in relation to 
public roads. It would therefore seem to be nece,-s:iry that the conmiissioners, after receiving 
and granting the application for a private road, should commence by fixing a time and place 
when and where they will meet to hear reasons offered in the premises, and thereupon causb 
notices thereof to be posted as in the case of petitions concerning public highways, and there- 
after proceed iu all respects as near as the nature of the ca^e v.ill allow, as in cases of publio 
roads 

Form of Order of Commissioners of Highways, I'dyi^i-y out a Private Road. 
Lake County, ) ^^ 

Town of Waukegan, ) 

Whereas, upon the application of Reuben 117*2^^ for a private road from his 
dwelling in said town, to a public road, we, the commissioners of said town^ 

did on the — day of , A. D. 18 — , proceed to examine into the merits of 

such application, and having, before determining to lay out said private road, 
fixed upon a time and place when and where we would meet to hear any rea- 
sons for or against laying out the same, and having caused written notices 
thereof to be posted up in three of the most public places in said town, eight 
days previous to the time of such meeting, and having met according to such 
notice, and having heard such reasons as were offered for and against laying 
out said private road, and being of opinion that the laying out thereof is 

proper, having granted said application, we did, on the — day ot , A. D. 

18—, lay out such private road, agreeably to said application, and cause a 
survey thereof to be made by a competent'surveyor, as follows, conniiencing 
at, &c., {here incorporate the survey as rendered hi/ ihe surveyor.) We do 
therefore order and determine, that "a private road be and is hereby laid out 
and established, three rods in width, according to said survey, and the plat 
thereof hereunto annexed: the line of said survey being the center of said 
private road. 

In witness whereof, we, said commissioners, have hereunto set our hands, 

this — day of , A. D. 18—. Phillip Blanchard, ) Coinmis.^ioners 

A. B. Fkkgl'SON, >• of 

EuER HiNKSTON, J Highwavs. 



ART. 17.] OBSTRUCTING HIGHWAYS. 107 

[And all private roads shall not be more than three rods width, 
wide.'] 

OBSTRUCTING HIGHWAYS. 

§ 94. If any person shall obstruct any public highway, by obstracting 
falling a tree or trees across the same, by encroaching upon or'^'"^^^'^^^- 
fencing up the same, or by placing any other obstruction therein, 
or by digging a ditch across the same, he shall forfeit to the town, 
for every such offense, a sum not exceeding ten dollars, and a sum Penalty. 
not exceeding one dollar for every day he shall suffer such obstruc- 
tion to remain after he shall have been ordered to remove the same 
by a commissioner or overseer of highways of the town :' provided^ Proviso. 

Note. — Tht forms given in cases of laying out public roads, for agreement as to damages, 
release of damages, and assessment of damages, can be used iu case oi private roads, by being 
varied to suit the occasion. 

In the absence of acquiring a private vray by express grant or by proceedings under the 
statute, an uninterrupted use and enjoyment of a rigiit of private way over the laud of an- 
other for twenty years becomes an adverse enjoyment, sufficient to raise a presumption of a 
grant. But such use, to be conclusive evidence of a right, must have been continuous, un- 
interrupted and exclusive ; that is, under a claim of right, with the knowledge and acqui- 
escence of the osvner. The use of an easement for twenty years unexplained, will be pre- 
Bumed to be under a claim or assertion of rigiit, and adverse, and not by the leave or favor 
of the owner ; and such a use will not only give a title by prescription, but will authoi-ize the 
presumption of a grant. When a right to a private way is acquired by prescription, or by 
user of twenty years, it can only be lost by a non-user of twenty years, or by a release. A 
void proceeding for lading out a private road, or a void grant, may form the basis of an 
adverse use and enjoyment of an easement in land. The consent of the owner of land, to 
the laying out of a private road across bis land, may be presumed from his acquiescence, and 
the acquiescence of those deriving title from him, in tlie uninterrupted use of the ro;id as a 
private road, by others for twenty years. Such consent will render the proceedings for lay- 
ing out the road valid. — Mi'ler v. Garlock, 8 Barb., 1-53. 

An a,ssessment of damages on laying out of a private road is not subject to the revision or 
correction of a board of supervisors. — Craig v. Supervisors, 10 Wend., 505. 

The record of a private road laid out by the commissioners, designating the course, distance 
and quality of land taken, is sufficiently definite to determine the width of the road, and parol 
evidoice of the result, from the data given, is achnissible. 

Wliere a party obtains a right to a private road of the width of two rods, the owner of the 
land through which it passes must so build his fences as to leave full two roads in width iu 
every part of tiie road ; he can not build a Virginia fence, placing the center on the exterior 
line-^ of the two rods, with the angles projecting into the road. A party will be deemed, how- 
ever, to have assented to such kx-ation of the fences, if apprised that the damages of the owner 
of the lands were assessed in reference to such location, or if he permits the fences to be thus 
built without objection. — Herrick v. Stove-r, o Wenc/., 5S9. Held, also. BiirJ., that where a 
party obtains a right to a private road, he will be entitled to an action against the owner of 
the land, if he places his fences ten or twelve feet on the laud acquired for the road, unless 
he has jielded his as.-ient expressly or implicitly to such location. But it seems that if the 
plaintiff had assented to the location as made, or if he had seen the defendant constructing 
his fence as it is, and knowing that the angles encroached upon the road and was silent, he 
•would not be permitted to maintain an action for damages. 

An obstruction of a private road is a mere private injury, in which the public have no con- 
cern. — Fowler v. Lansing, 5 Wend., 580. 

An obstacle placed in a private road by the owner of the land over which it is laid out, can 
not lawfully be removed by one having no right to use the road. — Brake v. Roger.'i, 3 Hill, 
604. 

Where it appeared that a road was from two and a half to three rods wide, that it termina- 
ted at A"s house without connecting with any other road, that it had never been used by the 
public, and the record on file with the town clerk described it as a " highway for A., begin- 
ning," &c., held, though it also appeared that for many ye;trs it had been included in a road 
district, the evidence did not authorize the court to pronounce it a public highway as a mat- 
ter of law, but the question should at least have been submitted to the jury. SeviUe., that 
this evidence shov,'ed the road to be a mere private one, intended for the accommodation of A. 
—Drake v. Rogers, 3 Hill, G04. 

(1) This provision concei'ning the width of private roads was contained in the township act 
of 1851, and is not repealed, but remains in force ; it is therefore iaserted here in its proper 
order. 

(2) Where the owner of the soil dug a race-way across a road to conduct water to his mill, 
it was held that he must restore it to a traveling'condition, and if an injury occuried. though 
he used the utmost care to prevent it, he was hable in damages ; that the right of the o'.vner 
d"vv>ndcd upon mere sufferan':e ; whenever an injury occurred, the race-way v.ould be ud- 
j.i 1 1;? 1 a nuisance. — Bygeri v. Sckenck, 23 Viend., 446. 



108 GENERAL PROVISIONS. [dIV. I. 

that this section shall not be construed to extend to any person who 
shall lawfully cut down any tree for use, and who shall immedi- 
ately remove the same out of the road, nor to any person through 
whose land a highway shall run, who shall dig a ditch or drain 
across such highway, and shall keep the same in good repair.^ 
Injury to § 95. Any person who shall purposely remove any plank or 

meanor ^ °"^'^^' timber from any bridge or causeway on any public highway, such 
1861. person shall be deemed guilty of a misdemeanor, and shall be 

liable to indictment therefor, and punished by imprisonment not 
Punishment. exceeding six months, and shall also forfeit to the town a sum not 
less than five dollars, nor exceeding one hundred dollars ; and any 
Penalty for defac- person who shall destroy or deface any guide-board, post or mile- 
ing guide-board, stouc, on any public highway, he shall forfeit to the town a sum of 
not less than five dollars nor more than twenty -five dollars. 

PROSECUTION FOR PENALTIES. 

Manner of bring- § 96. All penalties and forfeitures provided in and by this act, 
cover"^of fines" ^hcre the samc shall not exceed one hundred dollars, may be sued 
for and recovered before any justice of the peace of the proper 
Justices have couuty, upon whom juri?diction, in such cases, is hereby conferred; 
^ n^f^^^^^"^* f^iit^ ^>^i proceedings ibr the recovery of any such penalty or forfeit- 
ure s^liall be in the name of the town to which the same shall be 
In name of town, forfeited, unless otherwise provided by this act. 
When town faiis § ^'* ^^^ ^^^ cascs wlicrc a penalty or forfeiture shall be in- 
to commence curred by any person, under the provisions of this act; and no 
pmt, tiectur may pj.Q3(.(,^jJQj^ j^^ ^j^g samc sliall be Commenced by the town to which 
1861 the same shall be due, or by the officer or agent whose duty it is 

to prosecute for the same, within sixty days from the time such 
penalty or forfeiture shall be incurred, the same may be sued for 
by any elector of the town, in an action qui iam, one-half of the 
amount recovered to be paid to the person who shall sue therefor, 
and the other half to the town. 

ARTICLE EIGHTEENTH. 

MISCELLANEOUS PROVISIONS. 

Election pre- § 1- Each town, acting under township organization, shall 

cincts. constitute an election precinct ; and the supervisor, assessor and 

Judges of eiec- collcctor shall be, ex officio, judges of elections. The supervisor, 

tion. or in case of his absence, the town clerk, shall post up notices of 

Notices general elections, in like manner as is now required of sheriffs and 

connfy clerks under the general laws of this state, in counties not 

adopting township organization. The place of holding elections 

- • — / 

(l>0n a trial under an indictment for obstructing a highway, the questions whether the 
road w^s ever worked or recognized by the pubUc authorities, or whether the road was ever 
used as a piiblic highway, are proper, and the answers should be admitted in evidence 

The desciiiition of the road in the indictment is materiiil and must be proved as laid. 

The descriijuon of a road as leading from A to B is sufAciant.—Mariiu v. Ftople, 23 llls.^ 
395 



ART. 18.] MISCELLANEOUS. 109 

shall be at some central and convenient place in the town, to be Place of holding. 
fixed by the supervisors or town clerk, as the case may be. 

§ 2. The county iudsre, sitting as a county court, without asso- Jurisdiction o. 

. . . -^ .'^ ° ' T , ° , . -^ . .^ 1 n 1 county judges in 

ciates, m counties actmg under township organization, snail nave case of deiin- 
the same jurisdiction of suits brought by collectors for taxes on ^^^^^ ^^^^ 
dehnquent lands and town lots as the county courts have under ^^^ legalized 
existing laws ; and all acts of county courts, heretofore done in 
suits for taxes on delinquent lands and town lots are hereby le- 
galized. 

§ 3. The cities of Chicago and Peoria shall be entitled to elect Special provision 
one supervisor in each ward, in addition to the township super- oriat?rchi^a 
visors, and the several supervisors so elected shall be members of 
the board of supervisors of the county, and shall have, possess and 
enjoy all the rights, powers and privileges that are now or hereafter Ward supems- 
shall be possessed and enjoyed by the several township supervisors, 
as members of the board of supervisors of the county. The elec- When elected, 
tion for such supervisor to be held at the same time and in the 
same manner as the election for township supervisors in the coun- 
ties in which said cities are situated. 

§ 4. Upon the petition of fifty legal voters of any county act- vote on abolish- 
ing under township organization, it shall be the duty of the county orla^iaabn.^^ 
clerk, upon the filing of such petition with him, to cause notices 
to be posted up in three of the most pubHc places in each town of 
such county, at least twenty days previous to the next annual town 
meeting, that the question of township organization, under this act 
will be voted upon. At such meeting said vote shall be taken by 
ballot, to be written or printed, or partly written and partly printed, 
" for township organization," or " against township organization," 
and shall be canvassed and returned in like manner as votes for 
state and county officers. 

§ 5. If it shall appear, by the returns of said election, that a Effect of vote to 
majority of all the voters, voting at such election, have voted ^'^^^^s^- 
against township organization, then the county so voting shall 
cease to act under such organization, from and after the election 
and qualification of such county officers as are provided for in such 
counties as have never adopted townsliip organization.^ 

§ 6. At the next general election after the voters of any such Election of offl- 
county have determined against township organization, there shall S^^preva^s ^^' 
be an election for all the officers required by law in counties that 
have never adopted township organization, except such officers as 
may have been previously elected and are entitled to hold over ; 
and notice of such election shall be given as is now provided by 
law. 

§ 7. That at the first town meeting in each town, under this Thi-ee highway 
act,^ in counties that have or may hereafter adopt township organi- beXcted affirS 
zation, there shall be elected three commissioners of highways, one ^'^ meeting. 

(1) Though the constitution makes no provision for the abandonment of the township 
organizatiou system, yet the legislature may provide for its abrogation by pursuing the same 
course, and adopting the same guarantees to protect the rights of all, which the constitution 
requires in the adoption of the system ; that is, it should be done at a general election, aad 
by a majority of all the yotevs.— The people ex rel. v. Councilman^ 15 lUs.^ 142. 



110 GENERAL PROVISIONS. [dIV. 1. 

1861 of which shall hold his office for one year, one for two years, and 

one for three years. Said commissioners shall meet at the office 

of the town clerk at a day and hour to be fixed by said clerk, 

within ten days after the town meeting, of which he shall give each 

To draw lots for Commissioner three days' notice, when and where said commis- 

terms. sioners shall meet to determine their respective term, of office.' 

§ 8. At such time and place the town clerk shall prepare three 
Manner of draw- separate picccs of paper, as near alike as practicable ; on the first 
ing lots. ^£ which shall be written the number " one," on the second the 

number " two," and on the third the number " three" ; and he shall 
J3Q] cause them to be folded up ahke, as near as practicable, and de- 

posited in a box ; and the persons elected commissioners shall 
severally draw one of the said pieces of paper, and the term of 
office of each such commissioner shall be determined by such 
te^mined by drawing, and each shall hold his office for the number of years 
drawing. corresponding with the number by him drawn. 

Neglect of com- § 9. If any person elected a commissioner shall neglect to at- 
tend S draw." tend at the time and place specified in the preceding section, the 
town clerk shall select some qualified elector of the town to draw 
1861. for said commissioner, in the manner prescribed in the preceding 

section ; and the number drawn by such elector shall be a lawful 
determination of the term of office of said commissioner. 
Prior -aws in con- § 10. All laws and parts of laws in conflict with the provisions 
flict repealed. ^f jj^jg g^^^^ r^j.g hereby repealed, saving and excepting laws of a 
local or private nature ; and nothing herein contained shall be con- 
viso relative strucd as repealing an act entitled " an act to change the time of 
to Cook county, holding town meetings in the county of Cook," approved February 
1861. 21th, 1859, or an act entitled " an act to amend an act entitled an 

act to provide for township organization," approved February 21st, 
1859, which applies to Cook county only. 
When act to take § H- This act shall take effect on the first da}^ of April next, 
effect. j^^ J), 1861, and shall be in force on and after that day. 

Proviso reiaMve Nothing in tliis act contained shall prevent the towns of East 
no..^^^^^*" ^^^ West Galena from electing an assistant supervisor in each of 

said towns, in addition to the town supervisor ; but said towns of 
East and West Galena are each empowered to elect an assistant 
supervisor, so as to make two supervisors in each of said towns, in 
addition to the ward supervisors of the city of Galena, allowed by 
law. 

Approved, February 20th, 1861. 

{!) Note. — Should the town clerk fail to give notice for the meeting of the commissioners 
of highways, or the commissioners fail to meet as here provided, they can meet at any other 
date after the expiration of the ten days, and decide their term of ofSce by lot. 



1831, 



DIV. 2.] ELECTIONS. HI 

DIVISION 11. 

ELECTIONS. -5^ 



(From Chapter 37 of the Revised Statutes.) 

Section 1. (Repealed.) 

Sec. 2. The clerks of the several county commissioners' courts, Abstract of vote3 
shall, within eight days next after holding an election for electors S^nlmittS to ^^ 
as is provided for in this chapter, make three copies of the abstract ti^e governor. 
of votes for electors, and transmit by mail one of said copies to the 
governor or person administering the government, another to the 
office of the secretary of state, and retain the third in his office, to 
be sent for by the governor, in case both the others should be mis- 
laid. Within twenty days after the holding of such election, and^oj^™^^'"^*]^ 

•^♦' •11-1 1 other state offi- 

sooner it all the returns are received by either the governor or cers to canvass 
person administering the gov(.}rnment, or by the secretary of state, JiaJlf tL^ri^t 
the secretary of state, auditor of public accounts and treasurer, or 
any two of them, shall, in the presence of the governor or person 
administering the government, proceed to open and canvass said 
election returns, and to declare the persons having the highest 
number of votes elected ; but should any two or more persons be 
returned with an equal and the highest vote, the said secretary of 
state shall cause a notice of the same to be published in the paper 
printed by the public printer, which notice shall name some day 
and place, not less than five days from the time of the publication 
of such notice, upon which the said secretary, auditor and treas- 
urer, will decide by lot which of said persons so equal and highest dded. 
are elected ; and upon the day and at the place so appointed in 
said notice, the said secretary, auditor and treasurer, or any two of 
them, shall, in the presence of the governor or person administer- 
ing the government, decide by lot which of the persons so equal 
and highest shall be elected. 

Sec. 3. The governor or person administering the government, Governor to 
shall cause the result of the said election to be published in the ptS5^hed!^'^*°^ 
paper printed by the public printer, and shall transmit by mail to 
the persons elected, certificates of their election. 

Sec. 4. The electors chosen as aforesaid, shall meet at the seat Electors to meet 
of government of this state, at the time appointed by the laws of^^J^gl*^*^*^®"^ 
the United States, and give their votes in the manner therein pro- 
vided, and perform such duties as are or may be required by law. 
Each elector shall receive for every twenty miles necessary travel 
in going to the seat of government to give his vote, and in return- Compensation of 
ing to his residence, to be computed by the most usual route, the ^^^^^°'^^- 
sum of three dollars, to be paid on the warrant of the auditor, out 
of any money in the treasury not otherwise appropriated. 

*Seo Registry Law, Appendix, p. 266. 



Tie vote how d«^- 



11- 



ELECTIONS. 



[div. 2. 



Tacancy in elec 
torial college, 
how filled. 



ProTiso. 



Election pre- 
cincts, how form- 
ed. 



Judges of elec- 
tion, how ap- 
pointed. 



Judges of elec- 
tion to appoint 
clerks. 



Notice of election 
to be giyen. 



Sec. o. In case any person, declared duly elected an elector of 
president and vice president of the United States, shall fail to 
attend at the state house, at the seat of government of this state, 
at or before the hour of twelve o'clock at noon, of the day on 
which his vote is required to be given, it shall be the duty of the 
elector or electors of president and vice president, attending at that 
time and place, to appoint a person or persons to fill such^ vacancy : 
Provided, That should the person or persons, chosen by the people 
as aforesaid, arrive at the place aforesaid, before the votes for presi- 
ident and vice president are actually given, the person or persons 
appointed to fill such vacancy, shall not act as elector of president 
and vice president. 

Sec. 6. (Repealed.) 

Sec. 7. The county commissioners' courts of the several coun- 
ties in this state, are hereby authorized to divide their respective 
counties into as many election precincts, for all general and special 
elections, as they may think expedient for the convenience of the 
voters of said county, and to appoint as many sets of judges of 
elections, to receive votes at the county seats, a- they may think 
necessary ; and shall designate the house or place in each precinct, 
and in the precinct including the county seat, the house or houses, 
place or places, at which elections are to be holden ; and the pre- 
cincts and places of holding elections, so established, shall so remain 
until changed by the county commissioners' court : and all general 
and special elections shall be held at the places so designated, until 
changed as aforesaid : Provided, always. That it shall be the duty 
of the county commissioners' court at any time, to change any place 
of holding elections, upon a petition of a majority of voters residing 
mthin the precinct. 

Sec. 8. The said county commissioners' courts shall, respect- 
ively, at the last stated term preceding any election, appoint three 
capable and discreet persons, possessing the qualifications of elec- 
tors, to act as judges of the election in each election precinct ; and 
the clerk of the said court shall make out and deliver to the sheriff 
of the county, immediately after the appointment of said judges, a 
notice thereof in writing, directed to the judges so appointed ; and 
it shall be the duty of the said sheriff, within twenty days after 
the receipt of said notice, to serve said notice upon each of the 
said judges of election. 

Sec. 9. The said judges of the election shall choose two per- 
sons, having similar qualifications with themselves, to act as clerks 
of the election. The said judges of the election shall be and con- 
tinue judges of all elections of civil officers to be held within their 
precinct, until other judges shall be appointed as hereinbefore 
directed ; and the said clerks of election may continue to act as 
such during the pleasure of the judges of the election. And the 
county commissioners' courts shall, from time to time, fill all vacan- 
cies which may take place in the office of judge of the election, in 
any election precinct within their respective counties. 

Sec. 10. The clerks of the several county commissioners' courts 



DIV. 2,] ELECTIONS. 113 

shall, at least thirty days previous to any general election, and at 
least twenty days previous to any special election, make out and 
deliver to the sheriff of his county, three written notices thereof 
for each precinct, said notices to be, as nearly as circumstances 
will admit, as follows, to wit : 

*' Notice is hereby given, that on Monday, the day of , next, at Form of notice, 

the house of in precinct, in the county of , an election will be 

held for governor, one lieutenant governor, one representative to the con- 
gress of the United States, one senator, three representatives in the general 
assembly of this state, one sheriff, one coroner, three county commissioners, 
kc, (as the case may require,) which election will be opened at eight o'clock 
in the morning, and will continue open until six o'clock in the afternoon of 
the same day. Dated at , this day of , in the year of our Lord 

one thousand eight hundred and A. B., 

clerk of the county commissioners' court of county." 

And the said sheriff to whom such notices shall be delivered as 
aforesaid, shall post up in three of the most pubhc places in each 
precinct, the three notices referring to such precinct, at least fifteen 
days before the time of holding any general election, and at least 
eight days before the time of holding any special election. 

Sec. 11. If any person appointed to act as a judge of the Vacancy in office 
election as aforesaid, shall neglect or refuse to be sworn or affirmed tk)i^how miS^' 
to act in such capacity, the place of such person shall be filled 
by any justice of the peace, residing within the precinct, to be 
nominated by the other judge or judges of the election ; and if 
there be no other justice present to act as judge, the other judge 
or judges of the election shall nominate one or more capable and 
discreet elector or electors, residing within the precinct, to fill such 
vacancy or vacancies ; and if there be no judge of the election 
present to fill such vacancy or vacancies by nomination, then such 
vacancy or vacancies shall be filled by the votes of such quahfied 
electors, residing within the precinct, as may then be present at 
the place of election ; and the justice or justices, person or persons, 
so elected or nominated to fill such vacancy or vacancies, shall be, 
and are hereby vested with the same power as if appointed by 
the county commissioners' court. 

Sec. 12. Previous to any votes being taken, the judges and Judges and clerks 
clerks of the election shall severally take an oath or affirmation, *^ ^® ^^^^^^ 
in the following form, to wit : 

"I, A. B., do solemnly swear, (or affirm, as the case may be,) that I will 
perform the duties of judge, (or clerk, as the case maybe,) according to law 
and the best of my ability ; that I will studiously endeavor to prevent fraud, 
deceit and abuse, in conducting the same." 

Sec. 13. In case there shall be no judge or justice of the Judges may ad- 
peace present at the opening of the election, or in case such judge Sc^^^;Jer^*^ ^ 
or justice shall be app(|ljted a judge or clerk of the election, it 
shall be lawful for the judges of the election, and they are hereby 
em})owered to administer the oaths or affirmations to each other, 
and to the clerks of the election ; and the person administering 
such oaths or affirmations, shall cause an entry thereof to be made 
and subscribed by him, and prefixed to the poll-books. 
8 



114 ELECTIONS. [dIY. 2. 

PoUs when open- Sec 14. At all elections to be held under this chapter, the 
ed and closed. pQ^ig g^all be opened at the hour of eight in the morning, and con- 
tinue open until six o'clock in the afternoon of the same day, at 
ProyiBo. wliich time the polls shall be closed : Provided, hoiuever, That if no 

judge shall attend at the hour of eight in the morning, and it shall 
be necessary for the electors present to appoint judges to conduct 
the election, as hereinbefore prescribed, the election may, in that 
case, commence at any hour before the time for closing the polls 
shall arrive, as the case may require : And, provided also, That the 
judges of the election may, if they shall deem it necessary, for the 
purpose of receiving the votes of all the electors wishing to vote, 
Polls may be kept postpone the closing of the polls until twelve o'clock at night, 
open ongcr. ^^^^^ upou Opening the polls, one of the clerks, under the direction 
of the judges, shall make proclamation of the same, and thirty 
minutes before the closing of the polls, proclamation shall be made 
in like manner, that the polls will be closed m half an hour. 
Sec. 15. (Repealed.) 
Sec. 16. (Repealed.) 
Penalty for TO- Sec. 17. If any clcctor shall vote more than once at any elec- 
oncfe"^^^^ * ^" tion held under the authority of this chapter, he shall be fined, in 
the sum of one hundred dollars, to be recovered by indictment 
before any court of competent jurisdiction ; and the whole of such 
fine shall be appropriated to the use of the county in which the 
offence may have been committed. 
Sec. 18. (Repealed.) 
After oath, vote Sec. 19. If any person so offering his vote at such election, 
uniSJp?oTCd to ^^^^^ ^^^® s^^^^ ^^^^^ ^^ afhrmation, or shall offer to take such oath 
be fake. or affirmation, as prescribed in the preceding section, his vote shall 

be received, unless it shall be proved by evidence satisfactory to a 
majority of the judges that such oath or affirmation is false ; and 
if such person shall refuse to take such oath or affirmation, his 
vote shall be rejected ; and if any person shall take the oath or 
affirmation as is before named, knowing such oath or affirmation to 
be false, he shall be deemed guilty of wilful and corrupt perjury 
and punished accordingly. 
Penalty for TO- Sec. 20. If any person shall vote at any election, who is not a 
quSmed!^ '^^ qualified voter, he shall forfeit and pay any sum not exceeding 
fifty dollars, nor less than twenty-five, to be recovered in the same 
manner as other penalties under this chapter. 
Constables to at- Sec 21. For the preservation of order, as well as the i^ecurity 
order?""^^"'^ of the judges and clerks of the election from insult and abuse, it 
shall be the duty of any constable or constables residing within the 
precinct, who shall be designated for the purpose, by the judges of 
Judges may ap- the election, to attend at all elections within such precinct; and 
poin't constables ; ^\^Qy;[[^ ^q coustablc attend at such election, the judges of election 

ana impose fines ^r *'. ^ 

for disorderly are hereby authorized and empowered 9 appoint one or more 
special constables to assist in preserving order during the election ; 
and the judges are- hereby empowered to impose a fine, not exceed- 
ing twenty dollars, on any person or persons who shall conduct in 
a disorderly and riotous manner, and persist in such conduct after 



conduct. 



DIV. 2.] ELECTIONS. 115 

having been warned of its consequences ; and on refusal to pay tlie 
same, to commit liim or them to the common jail of the county, for 
any time, not exceeding twenty days, or until the fine shall be paid ; 
and the constable to whom the order shall be directed, and the 
jailer of the county, are hereby required to execute such order, 
and receive such person or persons so committed, as though it had 
been issued or delivered by a magistrate in due form of law. 

Sec. 22. The county commissioners' court in each county, commissioners' 
may, if necessary, appoint some constable to attend each precinct, court may ap- 
and preserve order during said election; and the said constable ^°^^ 
shall have authority to call to his aid a sufficient number of citizens 
to suppress any riot or other disorderly conduct during said elec- 
tion, and there shall be paid to said constable out of the county 
treasury, a sum not exceeding one dollar a day for said services. 

Sec. 23. When the votes shall have been examined and cierks to make 
counted, the clerks shall set down in their poll books, the name of abstract of votes. 
every person voted for, written at full length, the office for which 
such person received such vote or votes, and the number he did 
receive, the number being expressed in words at full length ; such 
entry to be made as nearly as circumstances will admit, in the fol- 
lowing form, to wit : 

" At an election held at the house of in precinct, in the county of 
and State of Illinois, on the day of in the year of our Lord 

one thousand eight hundred and , the following named persons received 

the number of votes annexed to their respective names, for the following 
described offices, to wit: 
A B had fifty-three votes for Governor. 
C D had fifty-one votes for Governor. 
E F had sixty-two votes for Lieutenant Governor. 
G H had sixty votes for Lieutenant Governor. 
I K had eighty votes for representative in Congress. 
L M had seventy-three votes for senator. 
N had sixty-five votes for representative. 
P Q had fifty-nine votes for representative. 
R S had fifty-seven votes for sheriff. 
T U had twenty-two votes for coroner. 
V W had thirty votes for county commissioner, 
(and in the same manner for any other persons or officers, voted for.) 
"Certified by us, 

AB, ) 

C D, V Judges of the election. 

EF, ) 
Attest : G H, ) ^^^^^^ ^^ ^^^ election." 

Sec. 24. (Repealed.) 

Sec. 25. On the seventh day after the close of the election, or county clerk 
sooner, if all the returns be received, the clerk of the county com- ^^^^ ^^ open 

) i,i« ,!• ., .. />-."^ returns. 

missioners court, takmg to his assistance two justices of the peace 

of his county, shall proceed to open the said returns, and make 

abstracts of the votes in the following manner : the abstract of the 

votes for Governor and Lieutenant Governor shall be on one sheet, 

and the abstract of votes for representatives to Congress shall be Manner of ma- 

on another sheet, and the abstract of votes for senator and repre- ^""^ ^^^tract. 



116 ELECTIONS. . [dIY, 2. 

sentatives to the General Assembly shall be on another sheet, and 
the abstract of votes for county officers shall be on another sheet ; 
or if the election shall have been holden for Presidential electors, 
Clerk to giTc cer- the abstract of votes shall be on one sheet ; and it shall be the 
tificate ot dec- ^^^^ ^£ ^^^ ^^-^ clcrk of the county commissioners' court, immedi- 
ately to make out a certificate of election lo each of the persons 
having the highest number of votes for senator and representatives 
to the General Assembly and county officers, respectively, and to 
deliver such certificate to the person entitled to it, on his making 
application for that purpose to the clerk at his office. 
Where two or Sec. 26. But where two or more counties are united in one 

SeTno°ne°dis- Senatorial or representative district, the clerk of the county com- 
trict, votes to be missioncrs' court of the county last established, shall, within twelve 
ior°coun^!^ ^^^' ^^J^ after the day of the election, attend at the office of the clerk of 
the county commissioners' court of the senior county, and there, in 
conjunction with the clerk or clerks of the senior county or counties, 
shall compare the votes given in the several counties composing 
Certificates of such senatorial or representative district; and said clerks shall im- 
eiection giyen. mediately make out a certificate of the election of the person or 
persons having the highest number of votes in such counties for 
senator or representative to the General Assembly : which certifi- 
cate shall be delivered to the person entitled to it, on his application 
to the clerk of the county commissioners' court of the senior county, 
at his office ; and it shall be the duty of the county commissioners' 
court of the county where the polls are so compared, to compute 
the number of miles each clerk or other person shall travel in 
going and returning from the county where he is so appointed, to 
Expense of can- the place of comparing the polls ; and it shall be the duty of the 
vass, how paid, county commissioners' court, where the polls are so compared, to 
make an allowance to said clerks or other persons who may take 
the vote of each county aforesaid, a compensation, not exceeding 
six cents per mile, going to and returning from said place of com- 
paring, to be paid equally out of the county treasuries of the 
respective counties in which said clerk or other person may be 
appointed ; and it shall be the further duty of the county commis- 
sioners' courts rv'hen the polls are so compared, to make an esti- 
mate of all the expense so incurred by the counties respectively 
voting together, and divide the same among said counties so voting, 
respectively, and shall give to each clerk or other person a certi- 
fied statement of the same, under the seal of said court ; and it 
shall be the duty of the county commissioners' court of the county 
where said clerk or other person shall be appointed, on the produc- 
tion of said certified statement, to pay to said clerk or other per- 
son the amount which appears to be due him out of the county 
treasury. 
Compensation of Sec. 27. It shall be the duty of the clerk of the county com- 
of dectionsf how missiouers' court in each county, on the receipt of the^ election 
allowed and paid, returns of any general or special election, to make out his certifi- 
cate, stating therein the compensation to which the judges and 
clerks of each election may be entitled for their services, and lay 



DIV. 2.] ELECTIONS. 117 

the same before the next commissioners' court of the county ; and 
the said court shall order the compensation aforesaid to be paid out 
of the county treasury. 

Sec. 28. If the requisite number of senators or representa- Tie vote between 
fives, or county officers, shall not be elected by reason of any two^ecidedf^^'^°*^ 
or more persons having an equal and the highest number of votes 
for one and the same office, the clerk or clerks whose duty it is to 
compare the polls, shall give notice to the several persons so having 
the highest and an equal number of votes, to attend at the office of 
the proper clerk, at a time to be appointed by the said clerk or 
clerks, who shall then and there proceed publicly, to decide by lot, 
which of the persons so having an equal number of votes shall be 
declared duly elected ; and the said clerk or clerks shall make out 
and deliver to the person thus declared duly elected, a certificate 
of his election as herein before provided. 

Sec. 29. The clerk of the county commissioners' court, imme- cierk to make 
diately after making out abstracts of votes given in his county, and^tSn^mTt^by 
shall make a co])y of each of said abstracts, and transmit it by mail to secretary 
mail to the office of the secretary of State ; the abstract of votes ° ^ ' ®' 
for Governor and Lieutenant Governor being addressed to the 
speaker of the house of representatives, and inclosed with the 
other abstracts to the secretary's office as aforesaid ; and it shall be 
the duty of the secretary of State, at the opening of the succeeding 
session of the General Assembly, to deliver all such abstracts of 
votes for Governor and Lieutenant Governor, or for either of them, 
to the speaker of tlie house of representatives. 

Sec. 30. The secretary of State, auditor, treasurer and attor- Votes for ccn- 
ney general, or any two of them, in the presence of the Governor, f^Je'^i^"'^ ^^' 
shall proceed, within fifty days after the election, and sooner if all 
the returns be received, to canvass the votes given for representa- 
tives to Congress ; and the Governor shall grant a certificate of 
election to the person or persons having the highest number of 
votes, and shall also issue a proclamation, declaring the election of 
such per on or persons. In case there shall be no choice, by reason Tie vote how de- 
of any two or more persons having an equal number of votes, the^^ 
election shall be determined by lot, under the direction of the Gov- 
ernor, in ihe manner prescribed in the twentj^-eighth section of 
this c'liapter. 

Sec. 31. If the returns of the election of any county in this where returns 
State, shall not be received at the office of the secretary of State, ?f dt^sf messSi- 
within thirty days after the day of election, the said secretary shall ger to' iae sent, 
forthwith send a messenger to the clerk of the county commission- 
ers' court of such county, whose duty it shall be to furnish the said 
me-s nger with a copy of such return^ ; and the said messenger 
shall be paid out of the State treasury the sum of ten cents for 
each, mile he shall necessarily travel in going to, and returning 
from the office of the said cl*rk. 

Sec. 32. When any vacancy shall happen in the office of sen-^^^o^y^^ o®"- 
ator or representative to the General Assembly, by death, removal LentetiTeltow^" 
or otherwise, it shall be the duty of the clerk of the county com- ^'"^- 



118 



ELECTIONS» 



[div. 2. 



ProTiso. 



When short no- 
tice may be giv- 
en. 



Vacancy in office 
of governor how 
fiUed. 



missioners' court of the county, if one county only compose the 
senatorial or representative district, as soon as he shall have been 
informed thereof, to notify the Governor of such vacancy, and if 
there be more than one county comprised within the limits of such 
senatorial or representative district, it shall be the duty of the clerk 
of the county commissioners' court of the senior county in such 
district, so to notify the Governor, and the Governor shall issue a 
writ of election, directed to the sheriff of the county in which such 
vacancy shall happen, commanding him to notify the several judges 
of election in his county, to hold a special election to fill such va- 
cancy or vacancies, at a time to be appointed by the Governor : 
Provided, That if there is to be no session of the General Assembly 
between the happening of such vacancy and the time of the gene- 
ral election, it shall not be necessary to order a special election to 
fill such vacancy. 

Sec. 33. Elections to fill vacancies in either branch of the 
general assembly, occurring during the sessions of the legislature, 
may be held on such notice, not less than five nor more than twenty 
days, as the Governor may direct in the writ of election issued to 
fill such vacancy. 

Sec. 34. If any vacancy shall happen in the ofiice of Governor 
by death, resignation, removal from ofiice, or refusal by the Gov- 
ernor elect to take the requisite oath of office, it shall be the duty 
of the secretary of State to notify the clerks of the county commis- 
sioners' courts of the several counties in this State, that at the next 
succeeding general election of members of the General Assembly, 
or electors of President and Vice President, (as the case may be,) 
an election will be held to fill such vacancy : Provided, however. 
That the secretary shall not give such notice, nor shall such special 
election of Governor take place unlj^ss the vacancy shall have hap- 
pened at least forty days previous to such general election for 
members of the General Assembly, or of electors of President and 
Vice President of the United States, nor unless a regular session of 
the General Assembly shall intervene between the time when such 
vacancy shall have happened and the succeeding quadrennial elec- 
tion of Governor. 

Sec. 35. When any vacancy shall happen in the office of sheriff 
or coroner, either by death, resignation or otherwise, the clerk of 
the county commissioners' court in which such vacancy shall hap- 
pen, shall immediately notify the Governor of such vacancy ; and 
it shall be the duty of the Governor to issue a writ of election, and 
direct the time when such election shall be held, the said writ to 
be directed to the said clerk. 

Sec. 36. When any vacancy shall happen in the office of rep- 
resentative to Congress from this State, it shall be the duty of the 
Governor to issue his proclamation, appointing a day to hold a 
special election to fill such vacancy. 

Sec. 37. If any judge of the election, or clerk, or any other 
feasance m judge ^^q^^^. ^^ person iQ any manner concerned in conducting the elec- 



Proviso. 



Vacancy in office 
of sheritl or coro- 
ner, how filled. 



Vacancy in con- 
gressman how 
filled. 



Penalty for mal- 



DIY. 2.] ELECTIONS. 119 

tion, shall willfully neglect, improperly delay or refuse to perform or clerk of eiec- 
any of the duties required by tliis chapter, after having undertaken ^*°^ 
to perform such duties, he shall forfeit and pay to the State the 
sum of forty dollars ; and if any such judge of the election, clerk 
or other officer or person, in anywise concerned in conducting the 
election, shall knowingly admit any person to vote, not qualified 
according to law, or shall knowingly receive and count more than 
one vote from one person, at the same election for one office, or 
shall be guilty of fraud, corruption or partiality, or manifest mis- 
behavior, in any matter or thing relating to said election, each and 
every person so offending shall forfeit and pay to the county the 
sum of one hundred dollars, to be recovered in any court of record 
in the State, in the name of the State for the use of the county, 
in an action of debt, with costs of suit, or at the suit of any person penalty how re- 
who may sue for the same, one-half for the use of the person sueing covered. 
and the other half for the use of the county ; and every such per- 
son so offending as aforesaid, shall moreover, on conviction, be 
rendered incapable of holding any office within this State for the 
term of ten years thereafter. 

Sec. 38. Notliing in this chapter shall be so construed, as to when judge not 
prevent the judges of election from refusing to receive the vote of ^^^^° ^^ penalty. 
any person when it shall be proved to the satisfaction of a majority 
of them, that in taking the said oath he shall have sworn falsely. 
And if any judge of election shall order to be received the vote of 
any person who, beinsr challeno^ed, shall not take the oath or affirm- -„ ,^ . 

• -117 1 1 ° T n -, • r,^ T 1 ,, Penalty for re- 

ation prescribed by law, such judge ot election, so oiiending, shall cemng vote when 
forfeit and pay the sum of fifty dollars, to be recovered by action ^^^^^^sed. 
of debt, in the name of the State, or of any person sueing therefor, 
the one-half of said fine for the use of the county, and the other 
half for the use of the person sueing. 

Sf.c. 39. (Repealed.) 

Sec. 40. If the clerk of the county commissioners' court shall Penalty vyhere 
neglect or refuse to perform the duties as pointed out in this chap- ^g^f^jJ^^JJ^j^ ^ 
ter, he shall be liable to be indicted, and on conviction shall be 
fined, in a sum not exceeding five hundred dollars, and imprisoned, 
not exceeding thirty days, and may be sued in an action of tres- 
pass on the case, for damages, not exceeding five hundred dollars, 
by the person injured by reason of the neglect or refusal of such 
clerk. 

Sec. 41. If any person shall mutilate or erase any name or Penalty for tak- 
figure, or word, in a poll book taken or kept at any election, or if {JJJS'wiiKSiy. 
any person shall take away such poll book from the place where it 
has been deposited for safe keeping, with an intention of destroying 
the same, or to procure or prevent the election of any person, or if 
any person shall destroy any poll book so taken and kept at any 
election, he or she shall be liable to be indicted, and on conviction, 
shall be fined five hundred dollars, and imprisoned, not exceeding 
sixty days in the county jail. 

Sec. 42. When any candidate shall desire to contest the vahdity Elections how 

contested. 



120 



ELECTIONS. 



[DIV. 2. 



Justice to he 
named. 



Other party to 
name a justice. 



Two justices to 
choose a third- 



Power to raise 
subpoenas. 



of any election, or the right of any person declared duly elected, 
to hold the office to which such candidate claims the right, such 
candidate shall give notice of his intention in writing, to the person 
whose election he mtends to contest, or leave a notice thereof at 
his usual place of residence, within thirty days after the day of 
election, expressing the points on which the same will be contested, 
the name of one of the justices of the peace who will attend at 
the taking of the depositions, the place where, and the time when 
the said depositions will be taken ; which time so fixed upon for 
the taking of the depositions, shall not exceed sixty days fiom the 
day of election. 

Sec. 43. The party whose election is contested, may select 
another justice of the peace to attend at the trial. Should the 
party whose election is contested, refuse or neglect to select a jus- 
tice as aforesaid, the justice chosen by the person contesting the 
election as aforesaid, shall make such selection for him. The two 
justices so selected or chosen, shall make choice of a third justice ; 
and if they can not agree upon a third justice to act with them, 
they shall make such selection by lot ; and the three justices thus 
selected, or either of them, shall have power, and they are hereby 
authorized and required, to issue subpoenas and such other process 
as may be necessary to secure the attendance at such trial, of all per- 
sons whose testimony may be required by either party, in the same 
manner as is provided in other cases of proceedings before justices 
of the peace. 

Sec. 44. The said justices, or any one of them, shall, in all such 
cases, have power to issue subpoenas for witnesses to any county in 
this State, directed to the sheriff of such county, who shall make 
service and return as in other cases. And any witness duly sub- 
poenaed, refusing or neglecting to appear and testify, shall, in addi- 
tion to the penalties otherwise imposed by law, forfeit and pay a 
fine of fifty dollars, to be recovered by action of debt, in any court 
having cognizance thereof, one-half to the county, and one-half to 
the person sueing for the same. 

Sec. 45. The said justices, or any one of them, may issue 
attachments for witnesses so neglecting or refusing to attend, who 
may be brought before them ; and at any time belore the day for 
the decision of the question between the contesting parties, the said 
justices shall, at the request of either, after giving notice to the 
other party of five days, if resident in their county, or ten days, 
if residing out of their county, proceed to take the testimony of 
such witnesses, to be used in the case. 

Sec. 46. If any justice of the peace selected as aforesaid, to 
attend at the taking of the depositions, shall, without reasonable 
excuse, fail or refuse to attend at the time and place appointed, 
after having undertaken to attend, he shall forfeit and pay a fine of 
fifty dollars, to be recovered by action of debt, in any court having 
cognizance thereof, one-half to the county, and the other half to 
the person who will sue for the same. 

Sec. 47. The said justices shall hear and examine all the evi- 



Powcr to issue 
subpoenas to any 

county. 



Penalty where 
witness refuses to 
appear and testi- 



Justices may is- 
sue attachments 
for witnesses. 



Penalty where 
justice refuses to 
attend. 



Justices to hear 
evidence, and de- 
cide contest. 



DIV. 2.] ELECTIONS. 121 

■ » 

dence offered on either side. If the contest be respecting any 
county office, they shall decide which of the said candidates shall 
have been duly elected, and certify the same to the clerk of the 
county commissioners' court of the proper county, who shall there- 
upon make out and deliver to the successful party a certificate of 
his election. If such contest be respecting a seat in the Senate or Duty in case of 
House of Representatives of this State, the said justices shall bear ^^^^^g^^^^j^J^^^ 
and reduce to writing, all the testimony taken in the case, and cer- 
tify and transmit the same under seal, together with all other 
papers and documents pertaining to the case, to the speaker of the 
Senate or House of Representatives as the case may be. 

Sec. 48. No testimony shall be heard by the said justices on Testimony must 
the part of the person contesting the election, which does not relate ^pii^i™ *« no- 

f , ^ . ^ -, . T ^ . o 1 • • 1 n 1 tice ; appoint 

to the pomts specmed m the notice. Such justices shall have cierk and pre- 
power to appoint a clerk, and may adjourn from day to day, until ^'^^^'^ ^^'^^^' 
their duties shall be completed. They shall have the same power 
to preserve order, and to punish disorders and contempts, as jus- 
tices of the peace may exercise, when holding court. 

Sec. 49. In all contests for county offices, in which the justices Justices to enter 
hearing the case, are authorized to decide, they shall enter judgment ■'^'^^"^^'^*" 
on the docket of the justice last chosen, for all the costs of such 
contest, against the unsuccessful party, upon which execution may 
issue as in other cases. Either party may appeal from the decision Appeal aUo^ed. 
of such justices to the circuit court as in other cases of appeal from 
the judgment of a justice of the peace, tlie decision of which court 
shall be final. 

Sec. 50. In all contests other than for county offices, the pro- Testimony how 
ceedings for taking testimony hereinbefore provided, may be had ^" ^^ "^^^ *^^^°* 
in each county in which it is necessary to take testimony, and the 
like returns shall in each case be made. In those cases in which 
the justices examining, do not decide the contest, they shall not be 
compelled to certify or transmit the testimony and documents per- 
taining to the case, until the reasonable costs of the examination 
and of certifying the same, are tendered or paid ; and the party 
who is finally unsuccessful shall be liable for such costs, to the 
person who shall have paid the same. l>ut if neither party shall 
require or cause such testimony and documents to be transmitted, 
then judgment may be entered and execution had, as before pro- 
vided, against the party at whose instance such examination was 
instituted. 

Sec. 51. In all elections by the General Assembly, or by Elections by the 
either house thereof, (elections of justices of the supreme court, general assembly, 
and judges of inferior courts excepted,) the members shall vote 
viva voce, and their votes shall be entered upon their journals. 
Elections by joint vote of the two houses shall be made in the hall 
of the house of representatives, at such time as shall have been 
previously appointed by joint resolution of the two houses ; and at 
all such joint meetings, the speaker of the house of representatives 
shall preside. Elections of justices of the supreme court and Election by joint 
judges of inferior courts shall be made by joint ballot of both ^aae^^^"^^ 



122 ELECTIONS. [dIV. 2. 

houses, in the hall of the house of representatives, the speaker of 
Majority vote re- which shall appoint a member of each house to act as tellers. No 
quired. person shall be declared duly elected by the General Assembly, or 

either branch thereof, until he shall have received a majority of all 
the votes given, blank votes included. 
Penait}- for bet- Sec. 52. If any person shall, at any time hereafter, bet or 
ting on election, ^yager any money, property or other valuable thing, upon the 
result of any election which may be held under the constitution or 
laws of this State, or shall bet or wager money, property or other 
valuable thing, upon the number of votes which may be given to 
any one or more persons, at any election held as aforesaid, or upon 
who will receive the greatest number of votes at any such election ; 
or if any person shall agree to pay to any other person, any money, 
property or other valuable thing, in the event that any election as 
aforesaid shall result in one w^ay, or in the event that any one or 
more persons shall or shall not be elected, or shall receive a greater 
number of votes than others, such person shall be liable to indict- 
ment, and, upon conviction thereof, shall be fined in any sum not 
exceeding one thousand dollars. 
Offence complete Sec. 53. It shall not be neccssary to the commission of the 
^or"Lk^r^ ^^ offence specified in the foregoing section, that the money, property 
or valuable thing, bet or wagered, shall be exhibited or staked at 
the time of making such bet or wager, or at any other time. 

Approved: March 3, 1845. 

An Act to provided for the mode of voting by ballot, and for the manner of 
returning, canvassing and certifying votes. 

Section 1. Be it enacted hy the people of the state of Illinois^ 
represented in the General Assembly, That there shall be elected 
Presidential eiec-^^^, general ticket on the Tuesday next after the first Monday in 
November, preceding the expiration of the term of office of each 
president of the United States, as many electors of president and 
vice president of the United States as this state may be entitled to 
elect ; which election shall be conducted and returns thereof made 
ProTiso. ^^ hereinafter provided: Provided, that if congress should hereafter 

fix a different day for such election, then the election for electors 
shall be held on such day as shall be named by act of congress. 
Time of election § 2. All general elections for the election of governor, lieuten- 
of state officers. ^-^^^ governor, secretary of state, auditor of public accounts, state 
treasurer, representatives to congress, senators and representatives 
to the general assembly and county officers, shall be held on the 
Tuesday next after the first Monday of November biennially, ex- 
cept for such offices as are directed to be chosen at other times than 
biennially ; which elections shall be conducted as is directed by this 
act and the act to which this is an amendment. 
Election for ^ ^' That an election shall be held in this state on the first 

judges of Monday of June, eighteen hundred and fifty-two, and every ninth 

supreme court. ^.^^^ thereafter, for one judge of the supreme court from the first 



DIV. 2.] ELECTIONS. 123 

grand division ; on the first Monday of June, eighteen hundred 
and fifty-live, and every ninth year thereafter, for one judge of the 
supreme eourt from the third grand division ; and on the first Mon- 
day of June, eighteen hundred and fifty-eight, and every ninth 
year thereafter, for one judge of the supreme court from the 
second grand division; and the present judges of the supreme 
court shall respectively hold their offices till the time fixed by this 
section for an election of a judge from the division for which such 
judge may have been elected. 

§ 4:. That on the first Monday of June, one thousand eight For judges of cir- 
hundred and fifty -five, and every sixth year thereafter, an election ^^^ ^°^^^' 
shall be held in each judicial circuit for the election of a judge 
for such circuit: Provided, that whenever an additional judicial r.„Q^Q 
circuit shall be created, the first election of a judge for such circuit 
shall be held at such time as the law creating such circuit shall 
direct, but whose term of ofii-ce shall expire at the time fixed for 
the next regular election of judges for the judicial circuits of this 
state. 

§ 5. That in case of any vacancy in the ofiice of judge of the yacaneies proTi- 
supreme or circuit courts of this state within one year of the time (i*^^ for. 
fixed by this act for an election of such judge, it shall be the duty 
of the governor to appoint a judge to fill such vacancy, who shall 
hold his office till the time fixed by this act for the election of^ 
judges for such court; but if any vacancy shall occur more than 
one year previous to the time fixed by this act for the election of 
such judge, it shall be the duty of the governor to issue writs of 
election to the several counties that may be entitled by law to 
vote for such judg?, fixing the time for the holding of said election, 
and requiring said sheriffs to give twenty days' notice of the time 
and p!a33 of holding said elections ; which elections shall be con- 
ducted in the same manner as if the election of such judge had 
taken place at the regular time fixed by law. 

§ 6. In case the right of any person claiming to be elected a proceedino-s in 
judg3 of the supreme or circuit court shall be contested, the con- contested eiec- 
test shall be conducted and the evidence taken in the same manner 
now provided by law for contesting the election of members of the 
general assembly, and the evidence, when taken, if it relate to the 
election of a judge of the supreme court, it shall be transmitted to 
the speaker of the senate, and if it relate to a judge of the circuit 
court it shall be transmitted to the clerk of the supreme court of 
the grand division in which a sitting of the supreme court is first 
directed to be held after such contest shall have commenced. 

§ 7. In case of a vacancy in the office of clerk of the circuit vacancies, how 
court, it shall be the duty of the judge of said court to appoint a^^^*^*^- 
clerk, who shall hold his office until the next regular election for 
county officers, or members of the general assembly, whichever 
may first happen, at which election such vacancy shall be filled ; 
and in case of a vacancy in the office of clerk in the supreme 
court in either of the grand divisions, the judges of the supreme 



124 



ELECTIONS. 



[DIY. 2. 



•eourt shall appoint a clerk, who shall hold his office until the time 
fixed by the constitution for the election of such clerk ; and in case 
of a vacancy in the office of state's attorney, the governor shall 
appoint a state's attorney to fill such vacancy, who shall hold his 
office until the time fixed by the constitution for the election of 
state's attorneys; and in case of a vacancy- in either of the offices 
of auditor, treasurer or secretary of state, the governor shall fill 
any such vacancy until the time fixed by the constitution for an 
election to fill such vacancy. 

§ 8. The election of state's attorneys and clerks of the supreme 
court may be contested in the same manner as is provided for con- 
testing the rights of judges of the circuit courts; and the election 
of clerks of the circuit courts may be contested in the manner 
provided for contrasting the election of county officers: Provided, 
any person whose election is proposed to be contested shall be re- 
leased from cost of such contested election by refusing to receive 
a certificate of the clerk of the county court of his election. 

§ 9. Returns of the election of judges of the supreme court 
and circuit courts, secretary of state, auditor, treasurer, state's 
attorneys and clerks of the supreme court shall be made and can- 
vassed as is now provided by law for representatives in congress. 
Returns for clerks of the circuit court shall be made and canvassed 
as is now provided for other county officers. 

§ 10. At any and all elections held in this state, every white 
male citizen above the age of twenty-one years, having resided in 
this state one year next preceding any election, and every white 
male inhabitant of the age aforesaid, who was a resident of this 
state on the first day of April, in the year of our Lord one thou- 
sand eight hundred and forty-eight, shall be entitled to vote at any 
election ; but no person shall be entitled to vote except in tlie pre- 
cinct, place, or township where a poll shall be held, in which he 
shall actually reside at the time of such election : Provided, that 
when any such person sliall offer his vote and either of the judges 
of the election shall suspect that such person is not a qualified 
voter, or if his vote shall be challenged by any elector, the judge 
of the election shall tender to such person the following oath or 
affirmation : 



Returns, h*« 
made. 



Qualifications of 
voters. 



Proviso. 



Blank forms to 
be provided. 



" You do solemnly swear (or affirm, a«? the case may be,) that you are a 
resident of this precinct, place, or township, that you arc a citizen of this 
state, and have resided herein one year preceding this election, or that you 
■was an inhabitant of this state on the first day of April, in the year of our 
Lord one thousand eight hundred and forty-eight, that you are above the age 
of twenty-one years, and that you have not voted at this election, so help you 
God." 

Every vote offered by any person who shall refuse to take the 
foregoing oath shall be rejected. 

§ 11. That the county court, or the board doing county busi- 
ness in each of the several counties in this state, at their first meet- 
ing in each and every year, shall cause a suitable number of blank 



DIV. 2.] ELECTIONS. 125 

forms of poll-books and election returns to be made out, (headed 

and certified as the nature of the case may be,) for each board of 

elections, in each precinct, township or place ; which they shall | 

cause to be delivered into the hands of the sheriffs respectively of I 

said counties, whose duty it shall be to deliver them to the judges, t 

or boards of election, at least ten days previous to the election then i 

to be held. I 

§ 12. Each quahfied voter may vote once and no more; and Restrictions. I 

if any person shall attempt to vote more than once, or to hand in • 

two or more tickets folded together, every person so offending shall | 

be liable to indictment, and on conviction shall be fined in any sum I 

not exceeding fifty dollars. | 

§ 13. Every ticket handed in shall contain the name of every rorm of votes. | 

candidate such voter intends voting for, either in writing or print, I 

designating the office to which he wishes each to be elected ; and 
if more persons are designated for any office than there are candi- 
dates to be elected, such part of the ticket shall not be counted for 
either of them, but no vote shall be rejected for the want of form, 
if the judges or board of election can determine therefrom, to their 
satisfaction, the person voted for, and the office which the voter 
intended such person should fill. 

§ 14. That the county court or board doing business, shall pro- BaUot boxes, 
vide a sufficient number of ballot-boxes at the expense of the 
county, for the several boards or judges of election, to be kept by 
one of the judges or board, and to be delivered over to the success- 
ors of such judges or board, each of which said ballot-boxes shall How kept, 
be furnished with a sufficient lock and key, and before any ballot 
shall have been deposited therein the same shall be publicly opened 
and exhibited, to the end that the judges and clerks assisting at 
every election may see that no baUot is in said box; after which, 
the same shall be locked and the key delivered over to one of the 
judges or board of election, and shall not be opened during the 
said election, except in the manner and for the purpose herein pro- 
vided. An opening shall be made in the top or lid of each of such 
ballot-boxes, not larger than shall be sufficient to admit of a single 
closed ballot to be inserted therein at one time, through wliicli each 
ballot received shall be inserted. 

§ 15. The method of voting shall be by ballot, which ballot urg^jjo^Qf^Q^^g 
shall be folded by the voter and dehvered to one of the judges or 
board of election, who shall, without unfolding or opening the same 
in any manner, deposit the said ballot in said ballot-box : Provided, Proviso, 
that no ballot shall be received or counted unless the same is writ- 
ten or printed upon white paper, without any marks or figures 
thereon, intended to distinguish one ballot from another. 

§ 16. Each clerk of the election shall keep a poll-list, which Duty of clerks 
shall contain one column headed "names of voters." The name of ^^^ J'^'^ses. 
each elector voting shall be entered by each clerk in regular suc- 
cession under the said heading in his poll-list. At each adjourn- 
ment of the polls, and upon the final closing of the same, the clerks 
shall, in the presence of the judges or boai'd of election, compai-e 



126 



ELECTIONS. 



[div. 2. 



Votes how can 
vassed. 



tlieir respective poll-lists, and correct all mistakes that may be dis- 
covered according to the decisions of the judges or board of elec- 
tion, until such poll-lists shall be made to correspond in all re- 
spects ; the ballot-box shall then be opened and the said poll-lists 
placed therein ; the box shall then again be locked, and the seal of 
one or more of the judges shall be so placed thereon as entirely to 
cover the opening in the lid or top of said box; the key of 
said box shall then be delivered to one of the judges or board of 
election, and the box to another ; the judge having the key shall 
keep the same in his possession, and deliver it again to the board 
at the next opening of the poll ; the judge havmg the box shall 
carefully keep it, without opening it or permitting it to be opened, 
or the seal thereof to be broken or removed, and shall publicly 
deliver it in that condition to the board at the next,opening of the 
polls. 

§ 17. As soon as the polls at any election shall have finally 
closed, the judges, or board and clerks, may adjourn the counting 
and canvassing of the votes to some convenient hour of the next 
ensuing day, at wliich time they shall proceed to canvass the votes 
polled, by first counting the whole number of ballots in the box ; 
if the ballots shall be found to exceed the number of names en- 
tered on each of the poll-lists, they shall be replaced in the box, 
and one of the judges shall publicly draw out and destroy so many 
ballots unopened as shall be equal to such excess, and tlie ballots 
or poll-lists agreeing, or being made to agree, the board shall pro- 
ceed to count and estimate and publish the votes. 

Fraudulent votes § 18. As the judges or board of election shall open and read 
the tickets, each clerk shall carefully mark down the votes each 
candidate shall receive, in separate columns prepared for that pur- 
pose, with the name of such candidate at the head of such column, 
and the ofiice or place it is designed by the voters such candidate 
shall fill ; but if on such canvassing two tickets shall be found de- 
ceitfully folded together, they shall both be rejected as if the same 
had never been deposited in the ballot-box. 

§ 19. As soon as all the votes shall have been read off and 
counted, the judges or board of election shall make out a certifi- 
cate, under their hands, stating the number of votes each candidate 
received, designating the ofiice for which such person received 
such vote or votes, as is prescribed and directed by the twenty- 
third section of the thirty-seventh chapter of the Revised Statutes, 
entitled "elections;" and the said certificate, together with one of 
the lists of voters, and one of the tally papers, shall be put into the 
hands of one of the judges or board of election, who shall, within 
four days thereafter, deliver the same to the clerk of the county 
court, or his deputy, at the county seat or place of holding county 
courts ; and when received, such clerk or deputy shall proceed to 
open, canvass and publish the return from each precinct, township 
or place, as is now provided by law. 

Penalty for § 20. If any judgcs or the judges of any election shaU refuse 

tefusal. 



disposed of.] 



DIY. 2.] ELECTIONS. 127 

to receive the vote of any qualified elector who shall take or offer 
to take the oath prescribed by this act, in such case every judge so 
refusing or neglecting to receive the vote or ballot, or opening or 
unfolding such ballot, when the same shall be presented, shall be 
liable to be indicted, and, on conviction, shall be fined five hundred 
dollars, and imprisonment not exceeding thirty days ; and for every 
refusal or neglect to receive such vote, the party aggrieved may 
have an action on the case against the said judge or judges; the 
damages in such case shall not exceed the sum of five hundred 
dollars. 

§ 21. Section one, six, fifteen, sixteen, eighteen, twenty-four SectioM repeal. 
and thirty-nine of chapter thirty-seven, of the Revised Statutes,^ " 
entitled "elections," approved March third, 1845, shall be and the 
same is hereby repealed ; and such sections of said acts as are not 
herein repealed, shall remain in full force and effect. 

This act shall take effect and be in force from and after its 
passage. 

Approved February 12, 1849. 

An Act to provide for the Filling of Vacancies in certain County Offices. 

(77.) Sec. I. Be if enacted hj the People of the State of Illinois, vsusandes filled. 
represented in the General Assembly, That whenever a vacancy shall 
happen in the office of sheriff, county surveyor or coroner of anjr 
county of this State, by death, resignation or removal of any in- 
cumbent, it shall be the duty of the clerk of the county court of 
such county immediately to notify the governor of that fact, and it 
shall be the duty of the governor to issue a writ of election to fill 
such vacancy, and direct the time of holding the same; which 
election shall be proceeded in as in other cases of election. 

(78.) Sec. XL This act shall be in force from and after its 
passage. 

Approved Nov. 6, 1849. 

An Act to confirm Elections of County Officers. 

(79.) Sec. I. Be it enacted by the People of the State of lUi- 
nois, represented in the General Assembly, That all elections here- flections legal- 
tofore ordered by the governor, to provide for filhng vacancies in ^ ' 
the office of sheriff and county officers, are hereby confirmed, and 
the elections of all such officers shall be valid. 

(80.) Sec. II. This act to take effect from and after its passage. 

Approved Nov. 6, 1849. 

An Act to prevent illegal voting at Elections. In force Febnia- 

a -, T. . ly 21, 1861. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That to constitute residence, What shall con- 
under the election laws of this State, a person shall have resided '*"''*^ residenc«». 
in the election precinct or district for the term of sixty days; and 
no person shall be entitled to vote at any election under the laws 



128 



ELECTIONS. 



[DIY. 2. 



of this State, excepting under charters for cities or incorporated 
towns, unless he shall have actually and in good faith resided in 
the election precinct or district in which he offers his vote, for sixty 
days immediately preceding such election ; any law of this State to 
the contrary notwithstanding. 
Penalty. § 2. Any person violating the provisions of this act shall be 

subject to all the fines, penalties and punishments that are now 
provided by law for illegal voting. 

§ 3. This act to take effect and be in force from and after its 
passage. 

Approved February 21, 1861. 



In force Februa- An Act to provide for ascertaining the qualification of Voters and to prevent 
^ 22, 1861. fraudulent Voting. 

Whekeas the right of suffrage is the highest privilege of the cit- 
izen, and should be guarded with proper vigilance against intru- 
sion and fraud; for the purpose, therefore, of ascertaining the 
persons who may be entitled to vote at the several elections held 
under the laws of this State, and to prevent illegal voting thereat, 
Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That to constitute residence, 
under the constitution and election laws of this State, a permanent 
abode is necessary, and all elections, general or special, held in any 
town, city, district or ward, every person offering to vote, who is 
not personally kno^vn to the judges and inspectors of election to 
have such permanent abode and to have resided in such election 
district for the space of sixty days, immediately preceding such 
election, shall, if his vote be challenged, take the oath now required 
by law, and in addition thereto swear or affirm to liis place of resi- 
dence, specifying the particular place and house in which he re- 
sides, and stating how long he has there resided, and his business 
or employment ; and if he has not resided in such house for sixty 
days immediately preceding such election he shall state where and 
in what house he has resided for the last sixty days ; and, in addi- 
tion thereto, such voter, so challenged, shall be required to produce 
two witnesses, both of whom are personally known to said judges 
of said election and resident in the precinct, district or ward, or 
shall be proved by some legal voter or voters of the precinct or 
district in which such vote is offered to be voted therein, who shall 
be known to said judges, and each of whom shall take the follow- 
ing oath, to be administered by one of the judges of said election : 

" I do solemnly swear, (or affirm as the case may be,) that I am a resident 
of this election district and entitled to vote at this election, and that 1 have 
been a resident of this election district for one year last past, and that I am 
well acquainted with the voter whose vote is now oiFered ; that he is an 
actual and bona fide resident of this election district, and that he has resided 
in this State for one year last past." 

Duty of judges § 2. If any judge of any election shall permit any voter to 
of election. ^.^^^^ whose vote is so challenged, without the proof required in the 



Residence de- 
fined. 



Person chal- 
langed to take 
oath. 



What the oath 
shall be. 



Shall produce 
two witnesses 



Form of oatli. 



BIY. 2.] ELECTIONS, 129 

first section of this act, or shall knowingly and willfully permit any 
person to testify as a witness, contrary to the provisions of tliis act, 
he shall be deemed guilty of high misdemeanor, and, on conviction 
tliereof, shall be fined in the sum of one thousand dollars and im- 
prisoned in the county jail for six months. 

§ 3. If any witness or voter, whose vote is so challenged, and Punisiunent for 
sworn under the provision.^ of this act, shall, knowingly, willfully i^<''^''J'^^^->'- 
and corruptly swear falsely, he shall be deemed guilty of perjury, 
and, on conviction thereof, imprisoned in the penitentiary for any 
time not less than three nor more than twenty-one years. 

§ 4. If any person shall vote more than once at any election niegai voting, 
held under the authority of the laws of this State, or shall vote at 
any such election, who is not a qualified voter at the place where 
he so votes, or shall offer to vote, after having once voted at such 
election, he shall, on conviction thereof, be confined in the peniten- Punishment for. 
tiary for any term not less than one or more than five years. 

§ 5. At all elections, general or special, in this Slate, where indorsement of 
the vote is by ballot, if the judges of elections are satisfied, under i^ack^ of ^baUot^"^ 
the provisions of this act and the other laws of this State relating 
to elections, that the person offering the vote is a legal voter he 
shall indorse on the back of the ticket offered the number corres- 
ponding with the number of the voter on the poll book, and put 
said ticket immediately in the ballot box, and the clerks of the 
election shall enter the name of the voter and his number in the 
poll book. 

§ 6. At the close of the polls the poll books shall be signed by closing of the 
the iud(2:es and attested by the clerks ; the names therein contained if'^^ ^^°°^^^' *° ^^® 
shall then be counted, and the number set down at the foot of the 
poll books. 

§ 7. All the ballots counted by the judges of election sliall, Preservation of 
after being read, be strung upon a strong thread or twine, in the ^^'^^^°'^^- 
order in which they have been read, and shall then be carefully 
enveloped and sealed up by the judges, who shall direct the same 
to the officer or officers to whom by law they are required to return 
the poll books, and shall be delivered, together with said poll books, 
to said officer or officers, who shall carefully preserve said ballots 
for six months, and at the expiration of that time shall destroy ^f^er six months, 
them. And in all cases of contested election the parties contesting stroyel'^'^" 
the same shall have the right to have the said package of ballots 
opened, and said ballots referred to by witnesses for the purpose of in case of con- 
such contest. But said ballots shall only be so examined and re- *''*'<^ '^"'*^°°^' 
ferred to in the presence of the officer having the custody thereof. 

§ 8. The provisions of this act shall apply to all general and Act to apply to 
special elections, hereafter held in this state, whether for general, SS^iection/^^ 
town, municipal or other officers ; and no person shall be consid- 
ered, under any circumstances, as having a residence in any ward 
or election district or precinct, unless he shall have had a perma- 
nent abode therein for at least thirty days immediately preceding 
such election. 

§ 9. No liquor or other intoxicating drinks shall be sold or 
9 



1 



130 ELECTIONS. [DIV. 2. 

Sale of Uquors on given awaj, at retail, nor shall any bar-room or place where liquor 
hiwted. ^^^ ^^^ ^^ intoxicating drinks are sold at retail be open upon such election 
day ; and it shall be the duty of the sheriff, constables, public offi- 
cers and magistrates to see that the provisions of this section are 
Punishment. enforced ; and any violation of its provisions shall be prosecuted 
and punished in the same manner and to the same extent as the 
keeping of tippling houses open upon Sunday or the first day of 
the week is now punished by law. 

§ 6. Tliis act shall take effect and in force from and after 
its passage. 

Approved February 22, 1861. 



BIT. 3.] INCLOSUKES AND FENCES. 131 



DIVISION III. 



[From Chapter 51 of the Revised Statutes.] 

Section 1. Those who are or shall be proprietors or owners Common fields, 
of land, in any field that is now occupied, used and declared, or mSuiesand 
that shall hereafter be occupied, used or declared to be a common regulations con- 
field, may meet together, by themselves or agents, annually, on the ^^^^°^" 
first Monday in March, or such other days as they shall appoint, 
at some convenient place by them appointed, for the purpose of 
making such rules and regulations as to them shall seem meet for 
the well ordering of the affairs of such field, with respect to fencing 
and cultivation, and all other things necessary for the well managing • 

the same, for the common interest of such proprietors ; in which 
meeting the proprietors of such field, shall have full power by their 
major vote, to be computed by interest, to order all such affiiirs and 
make such regulations as they shall deem proper and expedient for 
the purpose aforesaid: provided^ always, that any person who is 
a proprietor in any common field, may, at any time hereafter, sep- 
arate his, her or their land, from such common field, by fencing 
the same, subject only to making and keeping in repair fences in 
like manner as persons having inclosures adjoining to the common 
fields, as by this law directed. 

Sec. 2. The better to enable them to cany on and manage May elect officers. 
the affairs of such field, they are hereby authorized and empowered 
to elect a chairman, clerk and treasurer, who shall be sworn to the 
faithful discharge of their duties, respectively ; and the clerk shall 
enter and record all the acts, votes and resolutions of the said pro- Th^ir duties, 
prietors, relating to the management of the said common fields ; 
and shall continue in his office until another shall be chosen and 
qualified to serve in his room ; and that the election of chairman, 
clerk and treasurer, shall be annually or otherwise, as shall be 
determined by the said proprietors or a majority of them, in their 
lawful meetings assembled. 

Sec. 3. For the better management of their common fields, Shall also choose 
they shall choose a committee of three persons, which shall bej^^"^^''^ 
styled "the field committee," who shall be sworn to a faithful dis- 
charge of their duties ; the said committee may call a meeting of Their duties, 
the proprietors of such field when they shall judge it needful, by 
giving warning to such of them as five in the town or village, ver- 

(1) The law relative to inclosures and fences has been materially amended, and it is thought 
much improved by the act approved February 18th, 1857, which is included in this compila- 
tion, and by which as much of this chapter as is inconsistent with the provisions of said act, 
is repealed. Sections 11, 12, and 13, would seem to be that portion of this chapter affected by 
the provisions of the amendatory act. 



132 



INCLOSURES AND FENCES. 



[div. 



bally, where such fields lie, and to the agents, if any, of non-resi- 
dent proprietors, ten days previous to the time of such meeting, or 
by warning such proprietors in such other manner as they shalJ, in 
their lawful meetings, agree upon. 
Proprietors may Sec. 4. The proprietors of common fields are hereby autlior- 
tremsdve.rS) de- ^^^^ ^^^ empowered, at their lawful meetings, to grant and levy 
tray expenses, taxcs on themsclvcs, whcn they shall judge it needful, according to 
their several interests in such fields, for defraying the charges that 
may arise in setting out and designating the proportion of, or alter- 
ing the fence of such fields, in making gates and bridges, or for 
any other public or common charge, relating to such fields ; and to 
appoint assessors and collectors for the making, apportioning and 
collecting such taxes ; which collectors shall have the same power 
and authority, in every respect, as the collectors of county taxes ; 
which taxes, when collected, shall be paid into the hands of the 
treasurer, and shall be appropriated by a majority of the proprie- 
tors for the common benefit. 
Committee to Sec. 5. The field Committee shall point out and designate the 



Proprietors to 
have liberty to 
pass over each 
other's land to 
malie fence. 



Son of*fcnce°c?ich place wlierc, and the proportion which each proprietor shall erect 
shall erect. of sucli commoii fencc, and every proprietor in such common field 
shall duly erect and maintain his, her or their proportion in such 
common fence, according to the directions of such committee: 
fnovided, such committee shall attend all orders and comply with 
all regulations of the major part of the proprietors of such common 
field, for the improvement thereof for the common benefit, under 
the penalties of such fines and forfeitures as shall be lawfully 
annexed to the breach or neglect of such orders or regulations. 

Sec. 6. Any person or persons having his, her or their part or 
proportion of common fence designated by the said field committee, 
shall have liberty, in order to make or repair the same, of passing 
over any person's lot or land whatsoever, whenever it shall be 
necessaiy for the purpose aforesaid ; and when it shall so happen 
that the line of fence ordered as aforesaid, for the inclosing or 
securing any common field, shall run in upon or intersect the 
fence of any person making a particular inclosure adjoining the 
common field, the one-half of the division fence between such par- 
ticular inclosure and the common field as aforesaid, shall be made 
and maintained by the proprietors of such common field, and the 
other half by the OAvner of such particular inclosure ; and if any 
S of^fencT^^"^' person or persons, whose land shall adjoin any such common field, 
shall neglect to keep in repair, and maintain his, her or their part 
of such fence, after being requested thereto by the field committee, 
in writing under their hands for the space of ten days, it shall be 
lawful for the said committee to repair the said fence at the proper 
charges of the dehnquent ; which expense, after being estimated 
by two reputable freeholders of the town or village wherein such 
fields are situated, may be recovered by action of debt, before any 
court having competent jurisdiction, together with costs. 
Notic« to he giv- Sec. 7. If any person or persons, whose lands shall adjoin 
fences^^™^^^^ °^ ^^^^ common fieldj shall lay open the same, without giving two 



Duty cf each to 



BIV. 3. J INCLOSURES AND FENCES. 133 

months' notice thereof in writing, lodged with the clerk of such 
common field, such person or persons shall be liable to Y>iij all 
damages that may accrue to the proprietors, or to any of them, of 
such common fields, to be recovered in any action of damages, 
before any court having competent jurisdiction. 

Sec. 8. All accounts for any services rendered any person Accounts for ser- 
acting under the appointment of, or by the direction of the major Td and^plid! '^^' 
part of the proprietors of common fields, shall be paid out of the 
common treasury of such proprietors, after being audited by the 
field committee, except the accounts of such field committee, which 
last mentioned accounts shall be audited by a special committee ; 
and all orders on the treasurer shall be signed by the chairman, 
and attested by the clerk ; and the collectors shall, for all or any 
moneys by them paid to the treasurer, demand duplicate receipts, 
one of which shall be held by the said collectors, and the other 
lodged with the clerk ; the treasurer shall also demand duplicate 
receipts for all moneys paid by him, on orders on the treasury, one 
of which receipts shall be holden by the treasurer, and the other 
lodged with the clerk. 

Sec. 9. The proprietors of common fields shall have power, power to order 
by their major votes, in lawful meetings assembled, to order all ^^^^• 
such fines and forfeitures, on either, or any of themselves, as to 
them shall seem reasonable, for carrying into effect any of their 
rules and regulations, for the common benefit of the said proprie- 
tors : provided, nevertheless, that the penalty does not exceed the Proviso not to 
sum of five dollars, and that the person or persons thinking himself ^iS!*^^^ ^^ ^ ' 
or themselves to be unreasonably or oppressedly fined, shall have 
the right to appeal from the judgment of said proprietors to the 
next circuit court holden for said county : provided, that notice Appeal allowed 
of such appeal shall be given within ten days after the judgment ^^''"^ ^^®^" 
be given by the said proprietors. 

Sec. 10. The said common field shall be inclosed with a good Field to be in- 
and sufficient fence, according to law, on or before the first day of ^^^^^ ^y sood 
May in each and every year, or such other day as the said pro- 
prietors may appoint ; and no cattle, horses or other animals, shall Rule concerning 
be suffered to be put into such fields, for the purpose of depastur-^^^!j'g°'^^^^^^ 
ing therein, between the first day of May and the fifteenth day of 
November, in each and every year, or on such other day and time 
as the proprietors may agree upon, under the penalty of paying 
such fines as shall be ordered by the said proprietors, in lawful 
meeting assembled. 

Sec. 11. For the better ascertaining and regulating of parti- Partition fences 
tion fences, it is hereby directed, that when any neighbors shall andcharge^bome. 
improve lands adjacent to each other, or when any person shall 
inclose any land adjoining to another's land already fenced, so that 
any part of the first person's fence becomes the partition fence 
between them, in both these cases the charge of such division fence, 
(so far as inclosed on both sides,) shall be equally borne and main- 
tained by both parties ; to which, and other ends in this chapter Fence viewers to 
mentioned, the county commissioners, yearly, and every year in the ^^^ ^^^^^^' 



134 



INCLOSURES AND FENCES. 



[div. 3. 



sufficiency of 
fence 



term next after the month of January, shall nominate, and are 
hereby requked to nominate and appoint three honest, able men, 
for each township, who being duly sworn to the faithful discharge 
of the duties of their appointment, shall proceed, at the request 
of any person or persons feeling him or themselves aggrieved, to 
view all such fence and fences, about which any difference may 
happen or arise ; and the aforesaid persons, or any two of them, in 
each township respectively, shall be the sole judges of the charge 
to be borne by the delinquent, or by both or either party, and of 
the sufficiency of all fences, whether partition fences or others.^ 
Fence viewers to Sec. 12. When they shall judge any fence to be insufficient, 
SiffiHpnnvnf ^^'*^^y ^^^^^ S^^'^ notice thereof to the owners or possessors, and if 
any one of the owners or possessors, upon the request of the other, 
and due notice given by the said viewers, shall refuse or neglect 
to make or repair the said fence or fences, or to pay the moiety of 
the charges of any fence before made, being the division or com- 
mon fence, within twenty days after notice given, then, upon proof 
thereof before two justices of the peace of the respective county, 
it shall be lawful for the said justices to order the person aggrieved 
Order to make or and suffering thereby, to make or repair the said fence or fences, 
repair. ^^^ ^j^^^j ^^ reimbursed his costs and charges from the per- 

son so refusing or neglecting to make or repair the partition fence 
or fences aforesaid, or to order the delinquent to pay the moiety of 
the charge of the fence before made, being a division or common 
fence, as the case may be. 
Order to make or Sec. 13. If the delinquent shall neglect or refuse to pay the 
repair, how en- party injured the moiety of the charge of any fence before made, 
or to reimburse the costs and charges of making or repairing the 
said fence or fences, under the order aforesaid, then the same shall 
be levied upon the delinquent's goods and chattels, under warrant 
from a justice of the peace, by distress and sale thereof, the over- 
plus, if any, to be returned to the said deHnquent. 

Sec. 14. But nothing herein contained shall be intended to 
prevent or debar any person or persons from inclosing his or their 
grounds, in any manner they please, with sufficient walls or fences 
of timber, other than those heretofore mentioned, or by dikes. 



forced. 



Owner may en- 
close land with 
■walls or other- 
wise. 



Height of walls 
or hedges. 



hedges and ditches, all such walls and fences to be in height at 



least five feet from the ground ; and all dikes to be at least three 
feet in height from the bottom of the ditch, and planted and set 
with thorn and other quickset, so that such inclosures shall fully 
answer and secure the several purposes meant to be answered and 
secured by this law : provided^ that such walls or fences of tim- 
ber, other than those heretofore mentioned, and dikes, hedges and 
ditches, shall be subject to all provisions, inspections and restric- 
tions, to which by this chapter, any other inclosure or fence is made 
liable, according to the true intent and meaning hereof. 

Sec. 15. If any horse, mare, gelding, colt, mule or ass, sheep, 
SSi?i lamb, goat, kid, bull, cow, heifer, steer or calf, or any hog, shoat 

dent fence. — — — 

(1) fence Yiewers aie now elected by the people. See ante, p. 24, sec. 4. 



Proviso. 



Damages where 
animeds break 






mv. 3.] INCLOSURES AND FENCES. 135 

or pig, shall break into any person's inclosure, the fence being good 
and suliicient, the owner of such animal or animals, shall be liable 
in an action of trespass, to make good all damages to the owner or 
occupier of the inclosure, for the first offence single damages only, 
and ever afterwards double the damages sustained. 

Sec. 16. The condition of the fence at the time the trespass Condition of 
was committed, may be proven upon trial, and on complaint made p*rove™on trial ; 
by the party injured before any justice of the peace of the county ^^^^ ^^ P^°* 
wherein such trespass shall be made, such justice is hereby author- 
ized and required to issue a summons without delay, to three 
respectable householders of the neighborhood, noways related to 
either of the parties, nor interested concerning the trespass, reciting 
the complaint and requiring them to view the fence where the tres- 
pass is complained of, and their testimony in such case, shall be 
good evidence touching the sufficiency of the fence. 

Sec. 17. If any person injured for want of such sufficient Damages -where 
fence, shall hurt, wound, kill, lame or destroy, or shall cause to be fui™ woundei^r 
hurt, wounded, killed, lamed or destroyed, by shooting, hunting ^i^ed. 
with dogs or otherwise, any of the aforesaid animals, he or she so 
offending, shall satisfy or pay the owner of the same, the damages 
with costs, recoverable as aforesaid : provided, that if the party 
liable to damages as aforesaid, in either case, will abide and pay 
what may be deemed reasonable by three neighbors, indifferently 
chosen to assess the same, it shall be a bar against such suit. 

Sec. 18. All animals trespassing, the owners of the same (if Animals trespass- 
known) shall be notified thereof, and if they shall refuse to secure ed?^*^ esecur- 
the said animals and prevent their trespassing, the persons on whom 
the trespass was committed, shall be authorized to secure the same, 
supplying the aforesaid animals with provender and water, for 
which they shall receive a compensation from said owner ; provi- Proviso. 
ded, That if said animals shall receive any abuse or damage from 
said persons, they shall be barred from any compensation for the 
aforesaid services. 

Sec. 19. When any person or persons may, by mistake, erect Fences erected by 
and make a fence or inclosure on the land of another person, then, S'lnothe?/^y 
and in that case, when the line or lines are legally run by the ^^ removed. 
proper authority, and the fence and inclosures are known to be on 
the land of such other person, the person or persons making such 
fence or fences as aforesaid, through mistake, shall be empowered and 
authorized by this chapter to enter into the said land of another, 
doing as little damage as possible, and take away the rails, posts, 
wood and stones of which said fence or fences are made and 
erected, within one year from the time said line or lines may be 
legally run. 

Sec. 20. The owner or owners of any land whereon a fence Fence not to be 
or fences may have been made by mistake, shall not throw down, ^'^f'^ *^^ ^"^ 
nor in any manner disturb the said fence or fences for one year 
from the time such mistake is found out. 

Sf.c. 21. When either the owner of the rails, or the owner of Notice to parties ' 
the land is desu-ous of having the line or lines run, dividing sucli si^eTiS.*" 



136 INCLOSURES AND FENCES. "^ [dIV. 3. 

land, then, in that case, the person wishing such survey, shall give 
the other person notice in writing, ten days before such survey is 
made, of the time and place of making such survey. 
Approved March 3, 1845. 

I 

An Act to amend chapter fifty-one of the Revised Statutes, entitled " Inclos- 
ures and Fences." 

In force April 20 SECTION 1. Be it enacted hi) the people of the State of Illinois, 
-^^''- represented in the General Assembly, That Avhere two or more 

persons shall have lands adjoining, each of them shall make and 
Line fences how Hiaintain a just proportion of the division fence between them, 
maintained! except the owncr or owners of either of the adjoining lands shall 

choose to let such land lie open.^ 
•\^Tien land lies § 2. When any person shall have chosen to let his land lie 
Sd/SfcicSed' open, if he shall afterward inclose the same, or if any owner of 
land adjoining upon the inclosure of another, he shall inclose the 
same upon the inclosure of another, he shall refund to the owner 
of the adjoining lands a just proportion of the value at that time 
of any division fence that shall have been made by such adjoining 
owner, or he shall immediately build his proportion of such divi- 
sion fence. 
Value of fence, § 3. The value of sucli fence and the proportion thereof to be 
how determmed. ^c^\^ \yj g^ch person, and the proportion of the division fence to be 
made and maintained by him, in case of his enclosing }iis land, 
shall be determined by any two fence viewers of the town, in 
counties where township organization shall have been adopted, and 
in other counties by any two fence viewers of the county.^ 
Disputes how set- § 4. If disputes arise between the owners of adjoining lands 
concerning the proportion of fence to be made or maintained by 

(1) It is held that anj- person occupying land, and interested in the making and maintaiiv- 
ing a division fence, be his estate or interest in the premises what it may, is entitled to aTsiil 
himself of the provisions of the statute in reference to division fences ; the remedy is not 
limited to the owner of the iae.—Bronk v. Becker, 17 Wend., 320. 

(2) Adjoining owners should always endeavor, if possible, to mutually agree as to tlie pro- 
portion that each shall maintain of the division fence between their adjoining lands ; the 
agreement should be reduced to writing ; each party taking a copy. The following is sug- 
gested as a convenient form for such agreement : 

Form of Agreement to divide and maintain a division fence between adjoining 

oiiners. 
This agreement made this — day of , A. D. one thousand eight hun- 
dred and , between A. B, of the town of Waukegan, in the t-ounty of 

Lake, and the state of Hhnois, of the one part, and C. D, of tlic same 
town, of the other part, witnesseth, that whereas the said A. B. has hereto- 
fore erected a fence on the division hue between his lands and the lands of 
the said C. D., which said fence commences at [dencrlbe the location of lie 
fence.) And whereas, after the erection of said fence the said C. D. imlosed 
a field on the east side of said division line, so that n.rty rods of said ftnco, 
commencing at the, tc, {describe the location of aaid portion of f ever.) has 
become and now is a partition fence between the fields of the said A. B. and 

C. D. ; and Avhereas, the said 0. D. has paid to the said A. C. ■ dollars, 

being in full for one-half of the value of said nixty rods of fence, it is there- 
fore Agreed between the parties hereto that the thirty rods of fence on the 



tied 



DIV. 3.] INCLOSURES AND FENCES. 1B7 

either of them, such disputes shall be settled by any two of the 
fence viewers of the town, in counties where township organization 
shall have been adopted, and in other counties by any lwo fence 
viewers of the county ; and in such cases it shall be the duty of 
the two fence viewers to distinctly mark and define the proportion 
of the fence to be made or maintained by each. 

§ 5. Wlien any of the above mentioned matters shall be sub- viewers, how 
mitted to fence viewers, each party shall choose one, and if either ^3^^^^*^ ^**^^*^ 
neglect after eight days' notice to make such choice, the other party 
may select both.^ 

north part of said sixty rods shall be well and sufficiently maintained and 

kept in repair by the said A. B., and the remainder of said sixty rods shall 

be kept in hke repair by the said C. D. 

In witness whereof, the said parties have hereunto set their hands and 

seals the day and year jBirst above written. 

A. B., [seal.] 
C. D., [seal.] 

"Where a dispute arises as to the proportion of a fence to be maintained by each party, it 
may be settled by fence viewers, even where there has been an agreement on the subject. — 
Burger v Kortwnght, 4 Johns. ^ 414. 

The decision of the fence viewers as to the proportion of fence of each party, is not neces- 
sary where there is no dispute between them. — Willougliby v. Carlton., 9 Johns., 136. 

^Form of Notice to adjoining owners., to choose fence vieiver to settle dispute. 

To Richard Roe, 

Sir: — A dispute having arisen between you and myself, being the adjoining 
owners of lands in the town of Earl, in the county of La Salle, and state of 
Illinois, concerning the proportion of division fence to be made, {or main- 
tained) by eacli of us upon the line of our said lands, your land in question 
being known as {describe the land loith reasonable certainty,) and mine as {de- 
scribe the land.) I have chosen J«mes WJiite, one of the fence viewers of 
said town, and do hereby give notice to you to proceed and choose another 
of the fence viewers of said town, to the end that said dispute between us 
may be settled and decided by the said fence viewers according to law and 
as shall seem to them just and right, and that if you shall neglect to make 
such choice for eight days after receiving this notice, I shall make such 
choice myself, and proceed to have said matter in dispute adjusted by the 
fence viewers thus chosen by me, the same as if one of them had been 
chosen by you. Yours, &e., 

James E. Gammon. 

Dated, &c. 

Form of Submission of dispute between adjoining moners to two fence vieivers. 
To Peter Telton and James Grady, two of the fence viewers of the town of 

Scott, in the county of Ogle and state of Illinois. 

A dispute having arisen between the undersigned, A. Wilber and B. L. 
Beach, adjoining owners of lands in said town of Scott, concerning the pro- 
portion of division fence to be made {or maintained) by each, on the line of 
their respective lands, the land of the said A. Wilber being described as 
follows: {describe the land with reasonable certainty,) and that of the said 
B. L. Beach, being described as follows: {describe the land) — the said A. 
Wilber has therefore chosen you the said Peter Tiltcn, and the said B. L. 
Beach has chosen you the said James Grady, as two fence viewers of said 
town of Scott, to the end that you may proceed to settle and decide said 
matter of dispute : and the undersigned do hereby submit said matter of 
dispute to you the said fence viewers, and reouest that you will proceed 



138 INCLOSURES AND FENCES. [dIV. 

Examine prem- § 6. The two fence viewers so cliosen shall examine the prem- 



Decision to be 



ises and hear the allegations of the parties. In case of their disa- 
toaL'"" '" "" greement they shall select another fence viewer to act with them, 
and the decision of any two of them shall be final upon the parties 
to such dispute, and upon all parties holding under them. 
Decision reduced § 7. The decision of the fence viewers shall be reduced to 
SedJ**"^^ ^^ writing ; shall contain a description of the fence and of the pro- 
portion to be maintained by each, and their decision upon any 
other point in dispute between the parties, submitted to them as 
aforesaid ; and shall be forthwith filed in the office of the town 
clerk, or in the office of the circuit court in counties which shall 
have not adopted township organization.^ 

according to law, and settle and decide the same as shall seem to you j ust 
and right. 

Dated this — day of , 18—. 

A. WiLBER, 

B. L. Beach. 
^Form of Decision of fence viewers in relation to dispute between adjoining 

owners. 
Adams County, ) 
Town of Liberty, ) 

Whereas, -vve, the undersigned, two of the fence viewers of said town of 
Liberty having been chosen by Robert Voeth and John Jackson, adjohiing 
owners of lands in said town, for the purpose of settling and deciding a dis- 
pute which has arisen between them concerning the proportion of division 
fence to be made (or maintained) by each of them, on the line between their 
said lands, the laud of the said Bobert Voeth being described as follows: (de- 
scribe the land or field in question) and the land of the said John Jackson 
being described as follows : {describe the land or field,) and the said Robert 

Voeth and John Jackson having on the — day of , 18 — , submitted the 

said matter in dispute to us, for our settlement and decision, we did, on the 
— day of , 1 8 — , proceed and examine the premises, and hear the alle- 
gations of the parties. The said fence we find to be a rail fence, commonly 
called a Virginia or worm fence, running north and south, in length, one 
hundred and sixty rods, and being the division fence between the lands above 
described, that the same was originally erected jointly by the parties and 
divided equally between them, the said John Jackson taking the south half 
thereof for his portion by agreement, and that the said John Jackson now 
neglects and refuses to keep his portion of the same in proper repair. We 
do, therefore, adjudge and determine that, (cojiclude with the determination 
of the fence viewers according to the fact.) 

Given under our hands this — day of , A. D. 18 — . 

L. P. Grover, 
Joseph Khoades. 

Form of Decision offence viewers, where two can not agree, and another is 

selected. 
Stephenson County, ) 
Town of Wadoms, \^^' 

A dispute having arisen between A B and C D, two adjoining owners of 
lands in said town of Wadoms, concerning the proportion of division fence 
to be made (or maintained) by each of them on the hue of their said lands, 
the land of the said A B being described as follows : (describe the land or 
field in question,) and the lands of said C D, being described as follows : (de- 
scribe the land or field,) the said parties did on the — day of , 18—, 

submit the said matter in dispute to the undersigned, William Shippy and 
Nelson Wait, two of the fence viewers of said town of Wadoms, for their set- 
tlement aud decision, the said parties having chosen said fence viewers for 



DiV. 3.] INCLOSURES AND FENCES. 139 

§ 8. If any person who is liable to contribute to the erection Persons refusing 
or reparation of a division fence, shall neglect or refuse, for the otiSr parity to' 
period of four weeks after notice in writing so to do, to make and make. 
maintain his proportion of such fence, the party injured may make fe^ered!^' ^°^ 
or repair the same at the expense of the party so neglecting or 
refusing, to be recovered from him with costs of suit; ^ and the 
party so neglecting or refusing, after notice in writing, shall be 
liable to tlie party injured for all damages which shall thereby 
accrue, to be determined by any two fence viewers selected as 
above provided, and the fence viewers shall reduce their appraise- 
ment of damages to writing, and sign the same.^ 



that purpose, the said fence viewers did, therefore, on the — day of , 

18 — , proceed and examine the premises and hear the allegations of the par- 
ties, {here set forth a description of the fence as contained in the forego- 
ing form, as near as the case will admit, ) and the said two fence viewers, 
being unable to agree in the premises, did select Norman FMllips^ another 
fence viewer of said town, to act with them in making such settlement and 
decision ; and we, the undersigned, being now fully advised in the premises, 
do adjudge and determine that (conclude according to the determination of 
the viewers.) 

Given under our hands this — day of , 18 — . 

William Shippt, 
Nelson Wait, 
Norman Phillips. 

^Form of Notice to adjoining owner to contribute to erection w reparation of di- 
vision fence. 
To Richard Sampson : 

Sir : — You are hereby notified to repair that portion of the division fence 
on the line between your land and mine, situate in the town of Barry, and 
county of Pike, according to the decision of Josiah Lippcncott and John 

Head, two of the fence viewers of said town, made on the — day of ^ 

18 — , and filed in the office of the town clerk of said town, on the — day of 

, 18 — •, and that if you shall neglect to repair the same, agreeably to said 

decision, for the period of four weeks from the date of receiving this notice, I 
shall proceed myself and repair said fence at your expense. 

Dated this — day of , A. D. 18—. 

Yours, &c., L. K Ferris. 

'^Form of Appraisal of damages hy fence vieioers, accruing to adjoining owneVj 
by reason of neglect to make or repair fences. 

Whiteside Countv, ) 
Town of Portland, \ ^^' 

Whereas we, the undersigned, two of the fence viewers of the said town 
of Portland, having been chosen by P. B. Besse and John Smith, adjoining 
owners of lands in said town, for the purpose of appraising, the damages 
claimed by the said P. B. Besse, and accruing to him in consequence of the 
neglect of the said John Smith, to repair his proportion of a division fence 
mentioned and described in a certain decision made by {state by whom made, 
or if the fence has been divided by agreement, state that fact and vary the 

call accordingly,) on the — day of , 18—, and reduced to writing 

and filed in the office of the town clerk of said town of Portland. We did, 

on the — day of , 18 — , proceed to examine the premises ; and after due 

inquiry and examination by us made, and having heard the allegations of the 
parties, we do determine that the said P. B. Besse has sustained damages to 
his laud, crops, fruit trees, and shrubbery (or as the case may be,) in conse- 
quence of the neglect of the said John Smith to repak his proportion of the 



of removal -with- 
out notice. 



140 INCLOSURES AND FENCES. [DIV. 3. 

Partition fence, § 9. If an J person who shall have made his proportion of a 
ow remove . jiyi^jon fence shall be disposed to remove his fence and suffer his 
lands to lie open, after having first given the adjoining owner at 
. least sixty days' previous notice in writing of his intention so to do, 
he may at any time between the first day of December, in any 
year, and the first day of April following but at no other time, re- 
move the same.^ 

§ 10. If any such fence shall be removed without such notice, 
the party removing the same shall pay to the party injured all such 
damages as he may thereby sustain, to be recovered with ro^t of 
suit.^ 
Division fence de. § 11. "Whenever a division fence shall be injured or rlestroyed 
pjSed. ' °^ ^^' ^7 fi^^5 floods or other casualty, the person bound to make and re- 
pair such fence, or any part thereof, shall make or repair the same, 
r or his just proportion thereof, within ten days after he shall be 

} thereto required by any person interested therein, such requisition 

I to be in writing, and signed by the party making the same.'^ 

division fence, as aforesaid ; which damages we have ascertained, and do ap- 
praise at dollars. 

Witness our hands, ttiis — day of , A. D. 18 — . 

P. S. Logan, 
R. Brown. 

The question arises as to the nature and extent of damages which -will come under the 
jurisdiction of fence viewers to appraise. It was held by the Supreme Covirt of New York, 
under a like provision of law, that fence viewers are authorized only to appraise damages sus- 
tained by the neglect or refusal of a party to make or maintain his proportion of a division 
fence, for ordinary injuries resulting from defective fences, such as the treading do-mi and 
destruction of grass, corn, wheat, and other crops, the extent of which can be ascertained 
upon view or by inspection ; and that thoy have not the right to appraise damages where the 
injury sustained is the death of cattle caused by eating unripe corn, in the fields of a party 
■who has neglected to keep his proportion of a division fence in repair. — Clark v. JBroivn, 18 
We7id., 213. 

The court for the correction of errors, afllrmed the judgment of tlie Bupreme court, but 
the members being equally divided in opinion, the judgment of afBirmance has not been con- 
eidered as setting the case. — lb. 

1 Form of Notice hy adjoining owner ^ of his intention to remove his share of 

divisioji fence. 
To Herman Basset : 

Sir : — You will take notice that I desire to remove my portion of the 
division fence on the line of our adjoining lands, {describe the location of the 
fence with reasonable certainty,) that my said lands may hereafter lie open, 
and that I shall remove the same after the expiration of sixty days from tlin 
date of your receiving this notice. 

Dated' this — day of , A. D. IS—. Yours , &c., 

Joseph Colder. 

(2) WTiere a party removes a division fence, without having previously Ki>-'i fii<" ivquired 
notice, the party injured thereby is nut limited to a suit for the recovery of actual damages 
sustained in consequence of such removal, but may make the fence anew, and recover the ex- 
pense thereof by action. 

If actual damages are sustained, as the loss of a crop for instance, caused by the removal 
of the fence, an action for the recovery of such damages, as well as a suit to recover the ex- 
pense of making the fence, may be sustained. — Richardson v. McDougall, 11 Wend.^ 46. 

^Form of Notice to person to mahe or repair fence injured by fire., flood^ or 
other casualty. 
To A. B., 

Sir : — I do hereby request you to repair that portion of the division fence 



DIV. 3.] INCLOSURES AND FENCES. 141 

§ 12. If such person shall neglect or refuse to make or repair in case of neglect 
his proportion of such fence for the period of ten days after such *° ^° ^' 
request, the party injured may make or repair the same at the ex- 
pense of the party so refusing or neglecting, to be recovered with 
costs of suit. 

§ 13. Fence viewers may examine witnesses on any and all viewers examine 
questions submitted to them, and either of such fence viewers shall ""^ 
have power to issue subpoenas for and administer oaths to such 
witnesses. 

§ 14. In all counties which shall not have adopted township in what counties 
organization, justices of the peace shall be ex-officio fence viewers ^e^^erf.*^^^ 
of the county. 

§ 15. Fence viewers shall be entitled to one dollar and fifty viewers, how 
cents per day each for the time necessarily spent, as above provided, ^^ " 
to be paid in the first instance by the party requiring the services, 
and all expenses of the view shall be borrdlb equally between the 
parties, except in case of view to appraise damages for neglect or 
refusal to make or maintain a just proportion of a division fence, 
in which case the costs of view shall be paid by the party in de- 
fault, and may be recovered as a part of the damages assessed. 

§ 16. Damages accruing to any person or persons under the Damages, how rs- 
provisions of this act may be recovered in an action of assumpsit, ^°^^^^' 
and justices of the peace shall have jurisdiction in all cases where 
the damages claimed shall not exceed one hundred dollars. 

§ 17. So much of said chapter fifty-one of the revised statutes Repeal of prior 
as is inconsistent with the provisions of this act is hereby repealed. ^^^• 

Approved Feb. 18, 1857. 

on the line between our adjoining lands in the town of Rush, and county of 
Jo Daviess, which you are bound to repair, (describe the fence in question.) 
Should you neglect to repair said fence for the period of ten days from this 
date, I shall proceed myself to repair the same at your expense. 
Dated this — day of , 18—. 'Yours, &c., 

G. N. TOWNSEND. 



142 PAUPERS. [div. 4. 



DIVISION IV. 

PAUPERS. 
[From Chapter 80 of the Revised Statutes.] 

Who considered SECTION 1. Every poor person who shall be unable to earn a 
rdativeVto^sup. livelihood in consequence of any bodily infirmity, idiocy, lunacy, 
port each other, or Other Unavoidable cause, shall be supported by the father, grand- 
father, mother, grand-mother, children, grand-children, brothers or 
sisters of such poor person, if they or either of them be of suffi- 
Penalty for neg- cient ability. And every person who shall fail or refuse to sup- 
^®*'** port his or her fathei^ grand-father, mother, grand-mother, child or 

grand-child, sister or brother, when directed by the county commis- 
sioners' court of the county where such poor person shall be found, 
whether such relative reside in the same county or not, shall forfeit 
and pay to the said county commissioners, for the use of the poor 
of their county, the sum of five dollars for every month for which 
they or either of them shall fail or refuse, to be recovered in the 
name of the county commissioners' court, for the use of the poor 
as aforesaid, before any justice of the peace, or any other court 
Proviso. having jurisdiction : provided, that when any persons become pau- 

pers from intemperance or other bad conduct, they shall not be 
entitled to support from any relation, except parent or child. 
Order in which Sec. 2. The children shall first be called on to support their 
ikbie^^^ ®^^ ^^ parent3, if there be children of sufficient ability, and if there be 
none of sufficient ability, the parents of such poor person shall be 
next called on, and if there be no parents or children, the brothers 
and sisters of such poor person shall next be called on, and if there 
be no brothers or sisters, the grand-children of such poor person 
Proviso. shall next be called on, and then the grand-parents : provided, 

married females, whilst their husbands live, shall not be liable to a 
suit. 
Whenpauperhas Sec. 3. When any such poor person shall not have any such 
reulvS^^^' ^^^ relatives in any county in this state, as are named in the preceding 
sections, or such relative shall not be of sufficient abihty, or shall 
fail or refuse to maintain such pauper, then the said pauper shall 
receive such relief as his or her case may require, out of the county 
treasury, in the manner hereinafter provided. 
If non-resident Sec. 4. When any non-resident, or any other person not com- 
dkjexpenses^how ing within the definition of a pauper, shall fall sick or die in any 
P^<^- county of this state, not having money or property to pay his board, 

nursing and medical aid, it shall be the duty of the overseers of 
the poor of the proper district, or if there be none, then of the 
nearest county commissioner of the county, upon complaint being 
made, to give or order to be given such assistance to such poor 



I 



DIV. 4.] PAUPERS. 143 

person as they may deem just and necessary ; and if said sick per- 
son shall die, then the said overseers or county commissioner shall 
give or order to be given to such person, a decent burial: and the 
said overseers or county commissioners shall make such allowance 
for board, nursing, medical aid or burial expenses as they shall 
deem just and equitable ; which allowance shall be laid before the 
county commissioners' court, and the said court shall allow either 
the whole, or such reasonable and just part thereof as ought to be 
allowed, and order the same to be paid out of the county treasury. 

Sec. 5. The justices of the peace in each justice's district, in Overseers of the 
conjunction with such other person as the county commissioners in ^°°'* 
the several counties in this state, may appoint, shall be, and are 
hereby made, overseers of the poor, and are vested with the entire 
and exclusive superintendence of the poor in their respective dis- 
tricts, excepting in case of corporate towns or cities, to which such 
superintendence and jurisdiction shall be by law granted.^ 

Sec. 6. It shall be the duty of the said justices within their Duty of overseers 
respective districts, and the person appointed as aforesaid, diligently °^ *^® p^°^- 
to inquire after all such persons as are unable to earn a livelihood, 
in consequence of any bodily infirmity, idiocy, lunacy, or other 
unavoidable cause, and to provide for them the necessary comforts 
of life, by confiding the care of such poor person or persons to 
some moral and discreet householder or householders in the dis- 
trict, of sufficient ability to provide for them. Every person to 
whom the care of such poor person shall be committed, shall exe- 
cute a bond to the county in which said poor person shall reside, 
conditioned that he will treat said poor person with humanity, and 
afford to him or her the necessary attention and comforts of life, 
fitted to his or her condition. Said bond shall set forth the sum 
to be given by said county for keeping such poor person or per- 
sons. 

Sec. 7. Said overseers shall, at each session of the county com- overseers to 
missioners' court, make a full report of their actings and doings ^'^I^^^'^.p^^*^^ 
under this chapter, and return a hst of all the poor within their ^"^ °™^^' 
respective districts, specifying the age, sex and infirmities of each. 

^ Sec. 8. Upon the making of said report, it shall be the duty Appropriations 
of the several county commissioners' courts, to make such appro- ^o^' support of 
priations as will justify the person having the custody of any poor^^''^' 
person, in affording to him or her suitable clothing and such com- 
forts as may be suitable to their state and condition. 

Sec. 9. Any sum set forth in the bond executed by any county Bond of county 
as aforesaid, may be lessened or increased at the discretion of said ^^ ^^ lessened, 
county, without affecting, in either case, the validity of the bond. 

Sac. 10. The county commissioners' court may, at any regu- Custody of poor 
lar term of said court, remove any poor person from the custody E^^er^ ^® 
of the person or persons to whose care the overseers may have 
committed the keeping of such poor person, without subjecting the 
overseers or the county to any claim for damages. 

_ (1) In counties having township organization, overseers of the poor are elected by the people 
in each town, see ante p. 23 ^ i r 



144 



PAUPERS. 



[DI7. 4. 



per, how ascer 
tained 



Labor of pauper. Sec. 11. The overseers, in fixing the amount to be paid for 
keeping any poor person, shall take into the calculation the ability 
of the poor person to labor. 

Residence of pau- Sec. 12. Any person becoming chargeable as a pauper in 
this state, shall be chargeable as such pauper in the county in 
which he or she resided at the commencement of the thirty days 
immediately preceding such person becoming so chargeable. 

Sec. 13. If any person shall become chargeable in any county 
in which he or she did not reside at the commencement of the 
thirty days immediately preceding his or her becoming so charge- 
able, he or she shall be duly taken care of by the proper authority 
of the county where he or she may be found ; and it shall be the 
duty of the clerk of the county commissioners' court, to send notice 
by mail, to the clerk of the county commissioners' court of the 
county in which such pauper resided, as before stated, that said 
person has become chargeable as a pauper, and requesting the 
authorities of said county to remove the said pauper fortliAvith, 
and to pay the expense accrued in taking care of him or them. 

L>n,bmty of such Sec. 14. If said pauper, by reason of sickness or disease, or 
by neglect of the authorities of the county to which he or she 
belongs, or for any other sufficient cause, can not be moved, then 
the county taking charge of such individual or individuals may sue 
for and recover from the county to which said individual or indi- 



proper county. 



Term residence 
defined. 



viduals belong, the amount expended for and in behalf of such 
pauper or paupers, and in taking care of the same. 

Sec. 15. The term "residence" mentioned in this chapter, 
shall be taken and considered to mean the actual residence of the 
party, or the place where he or she was employed, or in case he or 
she was in no employment, then it shall be considered and held to 
be the place where he made it his or her home. 
Penalty to convey Sec. 16. If any person shall bring and leave any pauper or 
ty heTs^So't reS^' P^^P^^^ ^^^ ^W county in this state, wherein such pauper is not 
dent of. lawfully settled, knowing him or them to be paupers, he shall for- 

feit and pay the sum of one hundred dollars for every such offence, 
to be sued for and recovered by and to the use of such county, by 
action of debt, before any justice of the peace in the proper 
county. 
Poor-houses to.he Sec. 17. The county commissioners' court in each county, is 
hereby authorized (whenever it shall see fit so to do) to establish 
a poor-house. 

Sec. 18. The county commissioners are hereby authorized to 
take. to the county, by grant, devise or purchase, any tract of land, 
not exceeding six hundred and forty acres, for the purposes of said 
poor-house. 

Sec. 19. Said county commissioners' courts are hereby em^ 
pov/ered to receive donations to aid in the establishment of such 
poor-house, and are also empowered, from time to time, if it shall 
see fit, to levy and collect a tax, not exceeding one-fourth of one 
per cent., on the taxable property of the county, and to appropri- 
ate the same to the purchase of land, not exceeding the aforesaid 



Land may be 
acquu-ed for. 



Donations for 
poor-houses. 



Taxes for, may 
be levied. 



DIV. 4.] PAUPERS. 145 

six hundred and forty acres, and to erect and furnish buildings 
suitable to a poor-house, and to put it into operation, and to defray 
the annual expenses of said poor-house, should the labors of the 
inmates be inadequate thereto. 

Sec. 20. Said county commissioners' courts are hereby author- Agents may be 
ized to employ such agents and other persons as may be necessary, ^"^P%ed. 
to establish and put into operation such poor-house. 

Sec. 21. Whenever any county commissioners' court shall when poor-house 
eniter upon their records, that they have established a poor-house, established, over- 

-. ■> 1 1 • 1 p ii .• n 1 'seers duty to 

and that such poor-house is ready tor the reception of the poor of cease. 
the county, then the authority conferred upon the overseers of the 
poor shall cease to be in force in said county : provided, howeve?^, if Proviso. 
there be any particular case or cases which the court should deem 
prudent to put out under the provisions of this chapter, they may 
do so, making a proper entry of the circumstances upon their 
records. 

Sec. 22. The title to the property authorized to be acquired Title to land, in 
by this chapter, for the purpose of said poor-house, shall be made ^^^^^y- 
to the county. 

Sec. 23. The county commissioners' court of any county in Poor-house farm 
this state may, if they shall at any time deem it to the interest of Sed! ^^' 
said county, appropriate out of any fund appropriated to said 
county for any purpose, or other money belonghig to said county, 
any sum, not exceeding two thousand five hundred dollars, for the 
purpose of purchasing a farm, and erecting thereon suitable build- 
ings for a poor-house for said county, as contemplated in sections 
seventeen, eighteen and nineteen of this chapter. 

Approved March 3, 1845. 

An Act to amend sections twelve and thirteen of chapter eighty of the Re- 
vised Statutes, entitled "Paupers." 

Section 1. Be it enacted by ike People of the State (?/'i?/mo?5, in force April 24, 
represented in [^the'] General Assembly, That section twelve of^^^^' 
chapter eighty of the Revised Statutes, entitled "Paupers," be so Pnor law amend, 
amended as to read as follows : any person becoming chargeable ^'^" 
as a pauper, in this state, shall be chargeable as such pauper in 
the county in which he or she resided at the commencement of six Residence of pau- 
months immediately preceding such person becoming so chargeable. ^'''^' 

§ 2. That section thirteen of said chapter shall be so amended xo^.^ggident 
as to read as follows : If any person shall become chargeable in paupers to be ta-; 
any county in which he or she did not reside at the commencement expense charged 
of the six months immediately preceding his or her becoming so *° p™^^^ "^^^^y- 
chargeable, he or she shall be duly taken care of, b^ the proper 
authority of the county where he or she may be found ; and it 
shall be the duty of the clerk of the county court to send notice, 
by mail, to the clerk of the county court in which such pauper 
resided, as before stated, that said person has become chargeable 
as a pauper, and requesting the authorities of said county to 
remove the said paupers forthwith and pay the expenses accrued 
in taking care of him or her. 

Approved February 22, 1861. 
10 



146 PAUPERS. [div. 4. 

An Act to amend an Act entitled "An Act to provide for Township Organiza- 
tion," and to extend the powers and duties of overseers of the pooi\ 

Overseers of poor SECTION 1. Be it enacted hy the people of the State of Illinois, 
may bind out represented in the General Assemblu, That in all counties that have 

chuoi-en ol poor ^ iPii- .., 

persons. adopted, or may nereaiter adopt, township organization, the over- 

seers of the poor in their respective towns may, with the consent 
of the judge of the county court, bind out apprentices or servants, 
the minor children of any poor person who has become chargeable 
to their town, as having a lawful settlement therein, or who is sup- 
ported there, in whole or in part, at the charge of the county ; and 
also all minor children who are themselves chargeable to the town 
as having a lawful settlement therein, or as poor persons supported 

Proviso. by the county : provided, that no minor shall be bound under the 

provisions of this act unless such minor shall have become charge- 
able as a pauper.^ 

^Form of Indenture binding a poor Child hy Overseer of the Poor. 

This indenture, made and entered into on the — day of , A. D. 18 — , 

by and between Francis H. Porter^ overseer of the poor of the town of 
Waukegan^ in the county of Lake, for the year 18 — , of the first part, and 
Samuel I. Bradbury, of said town of the second part, witnesseth : 

Whereas, it hath been made to appear to said overseer of the poor, that 
Jolin Jones is the minor child of poor parents, who have become chargeable 
to said town as having a lawful settlement therein ; [or who are supported, 
&c., stating such a case as comes within the law,) therefore the said ovei'seer 
of the poor, by virtue and conformity to the law, in such case made and 
provided, hath bound the said John Jones, who is now of the age of — years, 
to the said Saynuel I Bradbury, as an apprentice to learn the art or trade of a 
printer, and as such apprentice, to dwell with and serve the said Samuel I. 
Bradbury, from the date hereof, until the said John Jones shall have attained 

the age of twenty-one years, which will be on the — day of , 18 — . And 

it is hereby agreed and understood that the said John Jones shall well and 
faithfully serve the said Samuel I. Bradbury during the said term, and shall 
obey all his lawful and reasonable commands ; that he will not wiUingly do or 
suffer to be done, any harm or damage to the goods, property or interest of 
the said master; that he will not, Avithout leave, absent himself from the ser- 
vice of his said master, but that he shall, in all things, 'during the said term, 
demean and behave himself as a good and faithful apprentice to his said mas- 
ter. And the said Samuel I. Bradbury doth, on his part, hereby covenant and 
agree, in consideration of the undertaking and binding aforesaid, to teach and 
instruct the said Jolin Jones in the said trade of a printer, or otherwise cause 
him to be well and sufiBciently taught and instructed in said trade ; that he 
will furnish and provide, or cause to be found, furnished and provided, unto 
the said John Jones, meat, drink, lodging, and suitable and proper clothing 
in sickness and in health, and medicine, medical attendance, and nursing in 
sickness, during the said term. And the said Samuel I. Bradbury further 
covenants and agrees that he will teach, or cause to be taught, the said John 
Jones to read and write, and the ground rules of arithmetic ; and at the expi- 
ration of said term, will pay to him, the said John Jones, the sum of — 
dollars, a new bible, and two complete suits of new wearing apparel suitable 
to his condition in life, {or such other instruction, benefit or allowance as may 
be agreed upon.) 

In witness whereof, the said parties have hereto set their hands and scak 
on the day and year first above written. 

Francis H. Porter, [seal.] 
Overseer of the Poor of the town of Waukegan. 
Samuel I. Bradbury, [seal.] 



DIV. 4.] PAUPERS. 147 

§ 2. Such children, whether over or under the age of fourteen Term of service, 
years may be bound — females to the age of eighteen years, and 
males to the age of tAventy-one years— and provision shall be made 
in the contract for teaching such children to read, write, and the 
ground rules of arithmetic, and for such other instruction, benefit 
and allowance, either within or at the end of their term of appren- 
ticeship, as the overseer may think reasonable. 

§ 3. No minor shall be so bound by the overseer of the poor indentures de- 
nnless by indentures of apprenticeship, executed in duplicate, by ^^e^k!'^^*^*^'^*^ 
the overseer of the poor and by the master, one copy to be retained 
by the master, and one copy shall be, by the overseer of the poor, 
deposited with the town clerk, to be kept by said town clerk for the 
use of the minor. 

§ 4. All considerations of money, or other things paid or allowed Moneys or other 

- - , r» • • 1 • 1 property secured 

by the master, upon any contract oi service or apprenticeship, made to minors. 
in pursuance of this act, shall be paid or secured to the sole use of 
the minor hereby bound. 

§ 5. The overseers of the poor shall inquire into the treatment Overseers to in- 
of all children bound by them, and of all who shall have been 2i"ut/'^ ^^ 
bound by their predecessors in office, and defend them from all 
cruelty, neglect and breach of contract on the part of their mas- 
ters. 

§ 6. In case of any misconduct or neglect of the master, a Misconduct or 
complaint may be filed by the overseer of the poor, (or in case of neglect of master. 
absence of such overseer of the poor,) the supervisor of the town 
in which such minor was bound by the judge of the county court, 
setting forth the facts and circumstances of the case ; and the said 
court, after having duly notified the master of such complaint, by 
giving said master at least ten days' notice of the time and place, 
that he will proceed to hear and determine the cause. 

§ 7. After a free hearing of the parties, or of the complaint Trial of parties, 
alone, if the master shall neglect to appear, the court may render J^d^ent to be 
a judgment or decree, that the minor be discharged from his 
apprenticeship or service, and for the costs of the suit against the 
master, and may issue execution for the same. 

§ 8. If the complaint shall not be maintained, and it shall where complaint 
appear to the satisfaction of the said court that the complaint was ed'^juJomer^^' 
made without any just or reasonable cause, the court shall render for costs. 
judgment for the costs against the complainant. 

§ 9. This act to take eflfect and be in force from and after its 
passage. 

Approved March 4, 1854. 

An Act authorizing boards of supervisors of the several counties to dispose 
of certain real estate therein named, and to confer upon them certain other 
powers. 

Section 1. Be it enacted hy the people of the State of IlU?iois, Board of super- 
represented in the General Assembly : That the board of super- pjf "J'of^pwr^" 
visors of the several counties in this state, which have adopted farms. 
township organizations, be and they are hereby authorized and 



148 PAUPERS. [div. 3. 

empowered to sell and dispose of the poor farms of their respective 
counties, at snch time and on such terms as they may think proper, 
and upon said sale being made, and said premises being paid for 
Suted^' ^°^ ^^' ''according to the terms and conditions of said sale, it shall be the 
duty of the chairman of the board of supervisors to make, execute 
and deliver to the purchaser or purchasers of said farm, a good 
and sufficient deed therefor, in behalf of said county, which deed 
shall convey the interest of said county in and to said farm, to the 
said purchaser or purchasers thereof. 
Former sales le- § 2. All salcs of the poor farms belonging to the said counties 
^^^^^* of this state, heretofore made by the board of supervisors, are 

hereby confirmed, and it shall be the duty of the chairman of said 
board to convey said property by deed, as is provided for in the 
first section of this act. 
Deeds on former § ^- ^^ ^^^ cases where any real estate has heretofore been sold 
sales, how execu- by the board of supervisors of any county in this state, acting 
under township organization, or by the county commissioners of 
any such counties acting previous to the adoption of the township 
organization law, it shall be the duty of the chairman of the board 
of supervisors in any county where such sale or sales has been 
made as aforesaid, to convey the same by deed, in behalf of said 
county for which he may be acting, to the purchaser or purchasers 
of said real estate, which said deed shall convey the interest of 
said county in and to said real estate, to the purchaser or pur- 
chasers thereof. 

§ 4. This act shall take effect and be in force from and after 
, its passage. 

Approved Feb. 15, 1855. 



DIV. 5.] ASSESSMENT AND COLLECTION. 149 

DIVISION V. 

REVENUE. 

ASSESSMENT AND COLLECTION. 

An Act for the assessment of property, and the collection of taxes, in coun- in force Feb. 12, 
ties adopting the township organization law. 1853. 

Section 1. Be it enacted hy the people of the State of Illinois, what^ro^ertr 
represented in the General Assembly, That all property, whether ^^^i^^^ *° ^^^ 
real or personal in this state ; all moneys, credits, investments in 
bonds, stocks, joint stock companies, or otherwise, of persons 
residing in this state, or used or controlled by persons residing in 
this state ; the property of corporations now existing or hereafter 
ci'eated, and the property of all banks, or banking companies, now 
existing, or hereafter created, and of all bankers and brokers, 
except such property as is hereinafter expressly exempted, shall 
be subject to taxation ; and such property, moneys, credits, invest- 
ments in bonds, stocks, joint stock companies, or otherwise, or the 
value thereof, shall be entered on the hst of taxable property, for 
that purpose, in the manner prescribed in this act.* 

DEFINITIONS. 

§ 2. The terms " real property " and " lands," wherever used Definitions of 
in this act, shall be held to mean and include, not only the land P''°p^''*^'- 

ir» 1 1 1-1 • 1 1 • • 1 11 1 • Eeal property 

itseu, whether laid out m town lots or otherwise, with all things and lands. 
contained therein, but also all buildings, structures and improve- 
ments, and other fixtures, of whatsoever kind, thereon, and all 
rights and privileges belonging or in anywise pertaining thereto. 
The term "investments in bonds," wherever used in this act, shall investments ia 
be held to mean and include all moneys invested in bonds, of what- ^o'^^- 
soever kind, whether issued by incorporated or unincorporated 
companies, towns, cities, counties, states, or other corporations, or 
by the United States, held or controlled by persons residing in this 
state, whether for themselves, or as guardians, trustees or agents, 
on which the holder thereof is receiving or is entitled to receive 

(1) See Jacksonville v. McCormell, 12 Ills., 138. Ryany. Gallatin Co., 14 Id., 78. Manbij 
et al. V. Gibson, Id., 186. Glancy v. Elliot, Id., 436. Sangamon ^ Morgan R, R. Co. v. 
Morgan, Id., 163. 

By reference to sec. 61 of this act, it will be seen that it is made the duty of the auditor of 
public accounts to make out and forward to the clerk of the county court of the several 
.counties, for the use of such clerks and other officers, suitable forms and instructions for 
carrying this act into effect, which instructions, so given by the auditor, are to be strictly 
observed and comphed with by the officers receiving them. The auditor is also required to 
give his opinion and advice on all questions of doubt, as to the true intent and meaning of 
this act ; hence but few suggestions have been made in connection with this act, in relation 
to forms, or in other respects. This prerogative has therefore been left with the auditor, to 
whom, by law, it belongs, and to whom reference should always be juade whenever questions 
arise, and his instructionsj it seems, wiU be law. 



150 



REVENUE. [dIV.5. 



Investments in interest. The term " investment in stocks," wherever used in this 
Btocks. ^^^^ gj^^^^ ^^ j^gj^ ^^ mean and include all moneys invested in the 

pubhc stocks of this or anj other state, or of the United States, or 
in any association, corporation, joint stock company, or otherwise, 
the stock or capital of which is or may be divided into shares, 
which are transferable by the owner, without the consent of the 
other partners or stockholders, for the taxation of which no special 
provision is made by this act, held by persons residing in this state, 
either for themselves, or as guardians, trustees or agents. The term 
The term oath. " oath," wherever used in this act, shall be held to mean oath or 
affirmation. Every word in this act importing the masculine 
Word of mascu- gender, may extend and be applied to females as well as males, 
eludes females. The term "personal property," wherever used in this act, shall be 
The term per- held to mean and include every tangible thing being the subject of 
6ona property. Q^^rnership, whether animate or inanimate, other than money, and 
not forming part or any parcel of real property, as hereinbefore 
Capital stock. defined. The capital stock, undivided profits, and all other means, 
not forming part or the capital stock of every company, whether 
incorporated or unincorporated, and every share, portion or interest 
in such stock, profits, or means, by whatsoever name they may 
be designated, inclusive of every share or portion, right or interest, 
Ship, vessel, or either legal or equitable, in and to every ship, vessel, or boat, of 
^^*' whatsoever name or description, used or designed to be used, either 

exclusively or partially, in navigating any of the waters within or 
bordering on this state, whether such ship, vessel, or boat, shall be 
within the jurisdiction of this state or elsewhere, and whether the 
same shall have been enrolled, registered or licensed at any col- 
lector's office, or within any county or collector's district in this 
state or notl The term " money " or " moneys " wherever used in 
Term money or this act, shall be held to mean gold and silver coin, and bank notes 
moneys. ^^ actual posscssion, and every deposit which the person owning, 

holding in trust, or having the beneficial interest therein, is entitled 
to withdraw in money on demand. The term " credits," wherever 
The term credits, used in this act, shall be held to mean and include every claim or 
demand for money, labor, or other valuable thing, due or to become 
due, or every annuity, or sum of money receivable at stated periods, 
and all money invested in property of any kind which is secured 
by deed, mortgage or otherwise, which the person holding such 
deed, or mortgage or evidence of claim, is bound by any lease, 
contract or agreement, to re-convey, release, or assign, upon the 
ProviBo. payment of any specific sum or sums ; provided, that pensions 

receivable from the United States, or from any state, salaries or 
payments expected to be received for labor or services to be per- 
formed or rendered, shall not be held to be annuities within the 
The term prop- meaning of tliis act. The term " property," wherever used in this 
«rty act, shall be held to mean and include every tangible thing being 

the subject of ownership, whether animate or inanimate, real or 
personal. 



my. 5.] ASSESSMENT AND COLLECTION. 151 

PROPERTY EXEMPT FROM TAXATION. 

§ 3. All property described in this section, to the extent herein Property exempt. 
limited, shall be exempt from taxation ; that is to say — 

First. All lands donated for school purposes, and not sold or school lands, 
leased. All public school houses, and houses used exclusively for tou° es^for ^uMe 
public worship, the books and furniture therein, and the grounds worship. 
attached to such building necessary for the proper occupancy, use 
and enjoyment of the same, and not leased or otherwise used with a 
view to profit. All colleges, academies ; all endowments made for coUeges. 
their support ; all buildings connected with the same, and all lands 
connected with institutions of learning, not used with a view to profit. 
This provision shall not extend to leasehold estates of real prop- Exception, 
erty, held under the authority of any college or university of 
learning. 

Second. All lands used exclusively as grave-yards, or grounds Grave-yards. 
for burying the dead. 

Third. All government lands belonging to the United States, Government, and 
and all property, whether real or personal, belonging to this state, ^^^^^^ ^^^^' 
and all the swamp ancl overflowed lands belonging to the several 
counties of this state, so long as the same may remain unsold by 
such counties. 

Fourth. All buildings belonging to counties, used for holding County bniid> 
courts, for jails, or for county offices, with the ground on which ^^^^' 
sijch buildings are erected, not exceeding in any county ten acres. 

Fifth. All lands, houses, and other buildings belonging to any Almshouses. 
county, town or city, used exclusively for the accommodation or 
the support of the poor. 

Sixth. All buildings, with the furniture appertaining thereto. Buildings of 
belonging to institutions of purely public charity, together with ^}^^"i^.'^^^®^^" 

Ill 11 -Ti /.■'■. . •'',0^ , stitutions. 

the lands actually occupied by such institutions, not leased or oth- 
erwise used with a view to profit ; and all moneys and credits 
appropriated solely to sustaining, and belonging exclusively to such 
institutions. 

Seventh. All fire engines, and other implements used for the Fire enginesand 
extinguishment of fires, with the buildings used exclusively for the "^p^^^^^*^^- 
safe keeping thereof, and for the meetings of fire companies, 
whether belonging to any town, or to any fire company organized 
therein. 

Eighth, All market houses, public squares, or other public Putiic grounds, 
grounds, used exclusively for public purposes ; and all works, ma- 
chinery, and fixtures, belonging exclusively to any town or city, 
and used exclusively for conveying water to such town or city. 

Ninth. No person shall be required to list a greater portion of personal credita 
any credits that [than] he believes will be received or can be col- 
lected ; nor any greater portion of any obligation given to secure 
the payment of rent, than the amount that shall have accrued on « 

the lease and shall remain unpaid at the time of such listing. No 
person shall be required to include in his statement, as a part of investments in 



personal property, moneys, credits, investments in bonds, stocks, 



joint stock com- 
panies. 



152 REVENUE. [dIV. 5. 

joint stock companies, or otherwise, which he is required to list, 
anj share or portion of the capital stock or property of any com- 
pany or corporation which is required to list or return its capital 
^rships. r^jj(j property for taxation in this state, nor shall any partner be 
required to list or return any property, liability or supposed bal- 
ance of said partnership, due him, the property, effects, and credits 
of said partnership being listed by any other partner. 

BY WHOM, WHERE, AND IN WHAT MANNER PROPERTY SHALL 
BE LISTED. 

Property, when § 4. Every person of full age and sound mind, not a married 
listed, and how. ^oman, shall list the real property of which he is the owner, situ- 
ate in the town or district in which he resides, the personal prop- 
erty of which he is the owner, all moneys in his possession, money 
loaned or invested, and all other property of which he is owner ; 
and he shall also list all moneys invested, loaned, or otherwise 
controlled by him, as the agent or attorney, or on account of any 
other person or persons, company or corporation whatsoever, and 
all moneys deposited, subject to his order, check or draft, and 
credits due from or owing by any person or persons, body corpo- 
rate or politic, whether in or out of such county. The property 
Property of ward, of every ward shall be listed by his guardian; of every minor, 
luScs^iiow^*^' child, idiot or lunatic, having no other guardian, by his father, if 
i^ted. living, if not, by his mother, if living, and if neither father nor 

mother be living, by the person having such property in charge ; 
women. of cvcry wifc by her husband, if of sound mind, if not by herself; 

of every person for whose benefit property is held in trust, by the 
Estates of de- trustee ; of the estate of a deceased person, by the executor or 
ceased persons, administrator ; of corporations whose assets are in the hands of 
Co oratio receivers, by such receivers ; of every company, firm, body politic 

or corporate, by the president or principal accounting officer, part- 
Persons listing inner, or agent thereof. Every person required to list property on 
behalf of others. |^gjj^|£ ^f ^^j^g^.^^ ^^ ^^^^ provisions of this act, shall list it in the 

same county, town or district in which he would be required to list 
it if such property were his own ; but he shall list it separately 
from his own, specifying in each case the name of the person, 
Real and personal estate. Company or corporation to whom it belongs. Real property 
Sted.'^ ^ ^ ^^^ shall be listed in the county, toAvn or district where it belongs ; 
personal property, moneys and credits, except such as is required 
to be listed otherwise, shall be listed in the county, town, or district 
Bankers and where the Owner resides ; the property of banks or bankers, brokers, 
rokers. stock jobbers, insurance or other companies, merchants, and manu- 

facturers, shall be listed in the county, town or district where their 
Proviso as to mil- business is usually done: provided, that in the counties of the Mil- 
itary tract. -^^j^y Tract, owners of real estate shall not be compelled to return 
•M the same if they desire it [to] go to sale, and so inform the 

assessor. 
Property leased § 5. Property held under a lease for a term exceeding ten 
whomSd. ^ years, belonging to the state, or to any religious, scientific or benevo- 



DIY. 5.] ASSESSMENT AND COLLECTION. 153 

lent society or institution, whether incorporated or unincorporated 
and school and ministerial lands, shall be considered, for all ^^ur 
poses of taxation, as the property of the person so holding the 
same, and shall be listed as such, by such person, or his agent, as 
in other cases. 

§ 6. Each person required to list property, shall make out, certified state- 
sign and deliver to the assessor, when required, a certified state- mcnt of personal 
ment of all the personal property, moneys, credits, investments jj^ pJ°i^^^ ^ ^^^4^^- 
bonds, stocks, joint stock companies, or otherwise, in his possession 
or under the control of such person, which he is required to hst for 
taxation, either as owner or holder thereof, or as a guardian, parent, 
husband, trustee, executor, administrator, receiver, accounting offi- 
cer, partner, agent or factor. Personal property shall be Hsted Date of listing 
with reference to the quantity on hand and owned on the first day pe^'sonai prop- 
of May in the year for which the property is required to be listed, 
including the property purchased on that day. 

§ 7. Such statement shall truly and distinctly set forth : SVonS!°' 

First. The number of horses, and the value thereof. Horses. 

Second. The number of neat cattle, and the value thereof. Cattie. 

Third. The number of mules and asses, and the value thereof. Mules and Asses. 

Fourth. The number of sheep, and the value thereof. Sheep. 

Fifth. The number of hogs, and value thereof. Hogs. 

Sixth. Every carriage and wagon, of whatsoever kind, and the Carriages and 
value thereof. ^^^"^'• 



Seventh. Every watch and clock, and the value thereof. 



Watches and 

clocks. 



Eighth. Every piano forte, and the value thereof. Piano fortes. 

Ninth. The value of the goods and merchandise which such Merchandise. 
person is required to list as a merchant. 

Tenth. The value of the property which such person is re- banker's prop- 
quired to list as a banker, broker or stock jobber. ^^ ^ ' 

Eleventh. The value of materials and manufactured articles J^^^^J^^^^*^^^^^'^' 
which such person is required to list as a manufacturer. 

Twelfth. The value of moneys and credits required to be^^^^^y^^^^'^'^ed- 
listed. 

Thirteenth. The value of moneys invested in bonds, stocks, Bonds and stocks, 
joint stock companies, or otherwise, which such person is required 
to hst. 

Fourteenth. The total value of all other personal property, in- other personal 
eluding household furniture : provided, that the value of such prop- or^t^^vSuS^^^^' 
erty shall be determined by the assessor. 

§ 8. If any person shall give a false and fraudulent list, or Ji^Tsf Sbf 
shall refuse to deliver to the assessor, when called on for that pur- sessed double, 
pose, a hst of his or her taxable property, as required by law, the 
assessor, as a penalty therefor, shall assess the property of such per- 
son at double its value ; and if said assessor shall neglect or refuse 
so to do, he shall be liable in each case to a penalty of fifty dollars, 
to be recovered at the suit of any person who may sue for the 
same. 

§ 9. If the assessor believes that any property has been valued When assessment 
at less than its true value, in accordance with the rules and cus- *°° ^°^* 



154 



EE VENUE, 



[DIY. 5. 



Duty of assessor, toms of valuing property for taxation, he shall value and charge 
such property at its true value, and shall notify the person listing 
such property of such increased valuation. 



KULES FOR VALUING PROPERTY. 

Property, § 10. Each Separate parcel of property shall be valued at its 

bow valued ^^^q value in money, excluding the value of crops growing there- 
on ; but the price for which such real property would sell at a 
forced sale shall not be taken as the criterion of such value. Each 
tract or lot of real property belonging to this state, or to any coun- 
ty, city, town, or charitable institution, whether incorporated or un- 
incorporated, and school or ministerial lands, held under a lease for 
a term exceeding ten years, shall be valued at such a price as the 
assessor beheves could be obtained at private sale for such lease- 
?®^^},?,^°?i^'^* hold state. Personal property of every description shall be val- 
ued at the usual selling price of similar property at the time of 
listing and in the county where the same may then be ; and if 
there be no usual selling price known to the person whose duty it 
shall be to fix a value thereon, then at such price as it is believed 
could be obtained therefor in money at such time and place. In- 
vestments in bonds, stocks, joint stock companies, or otherwise, 
shall be valued at the true value thereof in money. Money, 
whether in possession or on deposit, shall be entered in the state- 
ment at the full amount thereof: provided, that depreciated bank 
notes shall be entered at their current value. Every credit for a 
sum certain, payable either in money or property of any kind, 
shall be valued at the full price of the sum so payable ; if for a 
specific article, or for a specified number or quantity of any article 
or articles of property, or for a certain amount of labor done, or 
for services of any kind rendered, it shall be valued at the current 
price of such property, or of such labor or service, at the place 
payable. Annuities, or moneys receivable at stated periods, shall 
be valued at the price which the person listing the same beheves 
them to be worth in money. 



ty at usual sell' 
log price. 



Investments in 

stoclcs. 
Money. 

Proviso. 
Credits at full 



Annuities. 



Deductions for 
bona fide debts. 



OF DEDUCTIONS MADE FROM MONEYS AND CREDITS. 

§ 11. In making up the amount of moneys and credits which 
any person is required to hst for himself, or any other person, com- 
pany or corporation, he shall be entitled to deduct from the gross 
amount of moneys and credits, the amount of all hona Jide debts 
owing by such person, company or corporation, to any other per- 
son, company or corporation, for a consideration received ; but no 
acknowledgment of indebtedness not founded on actual considera- 
tion, believed when received to have been adequate, and no such 
acknowledgment made for the purpose of being so deducted, shall 
beconsidered a debt within the meaning of this section ; and so 
much only of any liability, as surety for others, shall be deducted 
as the person making out the statement believes the surety is le- 
gally and equitably bound to pay, and so much only as he beheves 



DIV. 5.] ' ASSESvSMENT AND COLLECTION. 155 

such surety will be compelled to pay on account of the inability or 

insolvency of the principal debtor ; and if there are other sureties, 

who are able to contribute, then only so much as the surety in 

whose behah' the statement is made, will be bound to contribute : 

provided, that nothing in this section shall be so construed as to '^^^^ ^P^iy to 

apply to any bank, company or corporation exercising banking 

powers or privileges. 

§ 12. No person, company or corporation, shall be entitled to No deduction on 

,-, . ^ f 11 j_ 11* ^' i? obligationB to 

any deduction on account of any bond, note or obligation ot any iiisu,.ancecompa- 
kind, given to any mutual insurance company, nor on account of ^^l^^ unpaid 
any unpaid subscription to any religious, literary, scientific, or 
charitable institution, or society ; nor on account of any subscrip- 
tions to or installment payable on the capital stock of any company, 
whether incorporated or unincorporated. 

OF LISTING AND VALUING THE PROPERTY OF MERCHANTS AND 
MANUFACTURERS, AND OF BANKERS, EXCHANGE BROKERS, 
AND STOCK JOBBERS. 

§ 13. Every person that shall own or have in his possession, or Assessment of 
subject to his control, any personal property within this state, with Sdents^bS" 
authority to sell the same, which shall have been purchased in or ers, manuCxctur 
out of this state, with a view to being sold at an advanced price or ^ ' 
profit, or which shall have been consigned to him from any place 
out of this state, for the purpose of being sold at any place within 
this state, shall be held to be a merchant ; and when he shall be by 
this act required to make out and deliver to the assessor a state- 
ment of his other personal property, he shall state the value of 
such property appertaining to his business as a merchant ; and in 
estimating the value thereof, he shall take as the criterion the aver- 
age value of all such articles of personal property which he shall 
have had from time to time in his possession, or under his control, 
during the year next previous to the time of making such state- 
ment, if he shall have been so long engaged in business, and if not, 
then during such time as he shall have been so engaged ; and the 
average shall be made up by taking the amount in value on hand, 
as nearly as may be, in each month of the next preceding year in 
which the person making such statement shall have been in busi- 
ness, adding together such amount and dividing the aggregate 
amount thereof by the number of months that the person mak- 
ing the statement may have been in business during the pre- Proviso, 
ceding year : provided, that no consignee shall be required to list 
for taxation the value of any property, tlie product of this state, 
which shall have been consigned to him for sale, or otherv/ise, from 
any place within the state, nor the value of any property con- 
signed to him- from any there [other] place for the sole purpose of 
being stored or forwarded : provided, he shall in either case have 
no interest in such property, or any profit to be derived from its 
sale ; and the word person, as used' in this and the succeeding sec- 



156 REYENUE. [dIV. 5. 

Person includes tions, sliall be held to mean and include firm, company and incor- 

firm and corpo- ^ ^ „ „ . • ,, 

ration. poration. 

whoaremanu- § 14. Evciy person wlio sliall purchase, receive or hold per- 
facturers. sonal property of any description, for the purpose of adding to the 

value thereof, by any process of manufacturing, refining, rectifying, 
or by the combination of different materials, with the view of 
making a gain or profit by so doing, shall be held to be a manufac- 
Manufacturing turer ; and he shall when he is required to make out and deliver 
a2essmeut. "^ ^^ to the assessor a statement of the amount of his personal property 
subject to taxation, also include in his statement the average value, 
estimated as provided in the preceding section, of all articles pur- 
chased or otherwise held for the purpose of being used, in whole 
or in part in any process or operation of manufacturing, combin- 
ing, rectifying, or refining, which from time to time he shall have had 
on hand during the year next previous to the time of making such 
statement, if he shall have been so long engaged in such manufac- 
turing business, and if not, then during the time he shall have been 
Products of this SO engaged : provided^ that from the value of the property, being 
state excluded, ^^q product of tliis State, the merchant or manufacturer listing the 
same, shall be entitled to deduct the amount owing by him for such 
property, or for moneys invested therein : and provided further, 
that from the value of property, being the product of stock of this 
state, the farmer or dealer listing the same shall be entitled to 
deduct the amount owing by him lor such property, or for moneys 
invested therein. 
Machinery to be ^ ^^' Every person owning a manufacturing establishment of 
listed. any kind, and every manufacturer, shall list, as a part of his man- 

ufacturer's stock, the value of all engines and machinery of every 
description, used or designed to be used in any process of refining 
or manufitcturing, (except such fixtures as shall have been consid- 
ered as part of any parcel or parcels of real property,) including 
all tools and implements of every kind, used or designed to be used 
for the aforesaid purposes. 
What constitutes § 1 6. Every person who shall have money employed in the 
a banker, broker, business of dealing in coin, notes or bills of exchange, or in the 
business of dealing in or buying or selling any kind of bills of 
exchange, checks, drafts, bank notes, promissory notes, bonds, or 
other writing obligatory, or stocks of any kind or description 
whatsoever, shall be held to be a banker, broker, or stock jobber : 
Deliver to assess- and he shall, when he is required to make out and deliver to the 
^^T^v^'n/! assessor a statement of the amount or value of his other personal 

personal projjer- .it' i • j^ • j.r. 

ty. property subject to taxation, also mclude m his statement the 

average value, estimated as provided in the thirteenth section of 
this act, of all moneys, notes, bills of exchange, bonds, stocks, or 
other property appertaining to his business as a banker, broker, or 
stock jobber, which he shall have had from time [to] time in hia 
possession or under his control, during the year next previous to 
the time of making such statement, if he shall have been so long 
engaged in such business, and if not, then during the time he shall 
have been so engaged. 



DIV. 5.] ASSESSMENT AND COLLECTION. 15T 

§ 17. That when any person shall commence merchandising in Merchants com- 
any county after the first day of May in any year, the average Jl^t day ooiay, 
value of whose personal property employed in merchandising shall -^i^aii report to 
not have been previously entered on the assessor's list for taxation ^"" ^ '^ '^^ • 
in said county, said person shall report to the clerk of the said 
county, who shall enter the same upon the tax list, the probable 
average value of the personal property by him intended to be em- 
ployed in merchandising until the first of May thereafter, and shall 
pay to the collector of such county a sum which shall bear the 
same proportion to the levy for all purposes, on the average value 
so employed, as the time from the day on which he shall commence 
merchandising as aforesaid, to the first of May next succeeding, 
shall bear to one year: provided, that if the person so listing his proviso; where 
merchant's capital shall present a bona Jide receipt from the col- previously listed, 
lector of any county in which such merchant's capital had been 
previously listed and taxed for the amount of the taxes assessed, 
and by him paid, on the same capital for the same year, then and 
in that case it shall be a receipt from pajang taxes again on such 
capital : provided farther, that if the tax list had been delivered to Further proviso, 
the collector before the receipt of such report, it shall be the duty of 
the clerk, within ten days after receiving any such report, to charge 
the same to the collector, and to notify such collector of the amount 
so charged, who shall collect and pay over said amount in like 
manner, as near as may be, as if it had been regularly entered on 
the tax list. 

§ 18. That when any person shall commence or engage in thei^ankers and 
business of dealing in stocks of any description, or in buying oi' J^'^^^cTno'^aft "r 
selling any kind of bills of exchange, checks, drafts, bank notes, first day of 
promissory notes, or other kind of writing obligatory, as mentioned aSdition'aTreport 
in the sixteenth section of this act, after the first day of May, in *o county clerk. 
any year, the average value of whose personal property employed 
in such business shall not have been previously entered on the 
assessor's list for taxation in said county, such person shall report 
to the county clerk of the county, the probable avei-age value of 
the property by him intended to be employed in such business until 
the first day of May thereafter ; which amount shall be entered on 
the tax list, and the taxes collected as in other cases. 

§ 19. That if any person shall commence or engage in the Penalty for ail- 
business of merchandising, banking, brokerage or stock jobbing, "''^ ^ ^'^p^^*' 
and shall not within one month thereafter list his property as be- 
fore required, he shall forfeit and pay, in addition to the taxes 
authorized by law, a tax of two per cent, on the value of the per- 
sonal property by him so employed, for the use of the county, to 
be charged and collected in like manner as other taxes ; said value 
to be ascertained as near as may be, by the assessor, or if he has 
made return of the assessment list, then by the clerk. 



158 



EEVENUE. 



[piv. 5. 



Listing of prop- 
erty of banldng 
companies and 
corporations. 



Duty of bank 
commissioners 



Notes and bills 
discounted. 
Amount, how 
ascertained. 



Other companies 
to list. 



Exception. 



OF LISTING AND VALUING THE PROPERTY OF BANKS AND 
BANKING COMPANIES, AND OTHER CORPORATIONS. 

§ 20. It shall be the duty of the president and cashier of every 
bank or banking company that shall have been or may be here- 
after incorporated by the laws of this state, and having the right 
to issue bills for circulation as money, to make out and return to 
the bank commissioners, in the month of May, annually, a written 
statement containing the average amount of notes and bills dis- 
counted or purchased by such bank or banking company, which 
amount shall include all the loans or discounts of such bank or 
banking company, whether originally made or renewed during the 
year next preceding the first of May, aforesaid, or at any time 
previous, whether made on bills of exchange, notes, bonds, mort- 
gages, or any other evidence of indebtedness, at their actual value 
in money, Avhether due previous to, during, or after the period 
aforesaid, and on which such bank or banking company lias at any 
time reserved or received, or is entitled to receive any profit or 
other consideration whatever, either in the shape of interest, dis- 
count, exchange or otherwise. Stocks deposited with the state 
treasurer shall be valued at the rate at which they are deposited. 
The bank commissioners shall proceed to ascertain the amount of 
the property valued in accordance with the provisions of this act, 
and make return thereof to the auditor, who shall report the same 
to the clerk of the proper county, and said clerk shall enter the 
same on the tax list for taxation. 

§ 21. To ascertain the amount of the notes and bills discounted 
and purchased, and all other effects or dues, of every description, 
belonging to such bank or banking company, and liable to taxation, 
there shall be taken as a critei'ion the average amount of the afore- 
said items for each month during the year next previous to the 
time of making such statement, if such bank or banking company 
shall have been so long engaged in business, and if not, then dur- 
ing such time as such bank or banking company shall have been 
engaged in business ; and the average shall be made by adding to- 
gether the amount so found belonging to such bank or banking 
company in each month said bank or banking company was so en- 
gaged in business, and dividing the same by the number of months 
said bank or bankinc]^ company was thus engaged in business. 

§ 22. The president, secretary, or principal accounting officer 
of every railroad company, turnpike or plank road company, in- 
surance company, telegraph company, or other joint stock company, 
except corporations whose taxation is specifically provided for by 
law, for whatever purpose they may have been created, whetlier in- 
corporated by any law of this state or not, shall list for taxation, at 
its actual value, its real and personal property, moneys, credits, 
within this state, in the manner following : 

In all cases return shall be made to the assessor of each of the 
respective counties where such property may be situated, together 



DIV. 5.] ASSESSMENT AND COLLECTION. 159 

with a statement of the amount of said property which is situated 
in each county, town, city, or ward therein. 

The vakie of all moveable property shall be added to the sta- Value of move- 
tionary and fixed property and real estate, and apportioned to such added To^Sed 
wards, towns, cities, and counties, pro rata, in proportion to the property. 
value of the real estate and fixed property in said ward, town. Bridge compa- 
city or county. The capital stock of bridge companies shall be SsSsIdf ^^ 
assessed in the town where their principal office is located. 

If the county assessor to whom returns are made is of opinion in case of fake 
that false or incorrect valuations have been made, or that the prop- "^^'^^'lo^- 
erty of the corporation or association has not been hsted at its true 
value, or that it has not been listed in the location where it prop- 
esrly belongs, or in cases where no return has been made to the 
county assessor, he is hereby required to proceed to have the same Duty of county 
valued and assessed in the same manner as is prescribed in the ^^^®^°^* 
several sections of this act regulating the duties of county assessors 
in cases of refusal or neglect to list property : provided, that every Proyiso as to in- 
agency of an insurance company, incorporated by the authority of durance agencies. 
any other state or government, shall return to the assessor of the 
county in which the office or agency of such company may be kept, 
in the month of May, annually, the amount of the gross receipts 
of such agency, which shall be entered on the tax list of the proper 
county and subject to the same rate of taxation for all purposes 
that other ersonal property is subject to at the place where 
located. 

ASSESSORS. THEIR DUTIES. WHEN PROPERTY TO BE 
ASSESSED, ETC. 

§ 23. All property, except real property, shall be assessed. Property how 
annually ; real property shall be assessed, as provided for by tliis ° ^^ assessed. 
act, in the year 1853, and every two years thereafter, until other- 
wise provided for by law.' 

§ 24. All lands and town lots owned by any person, and not Non-resident 
situated in the town where such owner may reside, shall be taxed ^ ^^ ° ^" 
as non-resident, and assessed in the town where the same shall he. 

§ 25. Every assessor before he enters upon the duties of his Assessor's official 
office, shall take and subscribe an oath that he will, according to ^'^'^^' 
the best of his judgment, skill and ability, diligently, faitlifuUy 
and impartially, perform all the duties enjoined on him as such 
assessor.'* 

§ 26. If any person elected to the office of county treasurer if treasurer fails 

(1) Amended, see ante, p. 69, sec. 6— real property is now required to be assessed annually. 

^Form of ^l.s'sessor's Oath on entering upon the duties of his office. 
State of Illinois, 
Zjake County, 

I, Daniel JBrewer, being elected Assessor in and for the town of WauJceffan 
iuthe county of Lake, for the year 1856, do solemnly swear that I will sup- 
port the Constitution of the United States, and of the state of Illinois, 
uad I Will, according to the best of my judgment, skill and ability, diligently, 



160 REVENUE. [piY. 5. 

to give bond or shall fail to give bond as collector, or shall neglect or refuse to take 
^ ^^^ • an oath as required by this act, his office shall be considered 

vacant, and the board of supervisors shall be immediately called 
Office become ya- together by the county clerk, and shall forthwith fill such vacancy 
cant, supervisors by the appointment of some suitable person, who shall qualify and 
vacancy. jig(.i-^^^j,gg ^}jg dutics of such treasurer and collector, in like manner 
as if he had been regularly elected to said office, until one is elected 
and qualified. 
Assessor when to § 27. The assessor shall, between the first days of May and 
proceed to take J^ly^ ^^^^ ^fj-g^, being furnished with the necessary blanks, proceed 
to take a list of the taxable property in his town, and assess the 
value thereof in the manner following, to wit : 
Shall call at office He shall call at the office, place of doing business, or residence 
eLh pers°on.^^ ^^ ^^^^ pcrson required by this act to list property, and shall 
require such person to make a correct statement of his taxable 
property, in accordance with the provisions of this act, and the 
assessor, or the person listing the property, shall enter a true and 
correct statement of such property and the value thereof, in a 
printed or written blank prepared for that purpose ; which state- 
ment, after being filled out, shall be signed by the person listing 
the property, and delivered to the assessor. 
Should ovmerbe § 28. If any person required by this act to list property shall 
sick or absent. -^^ g-^j^ ^^ absent when the assessor calls for a list of his property, 
the assessor shall leave at the office, usual place of residence or 
business of such person a written or printed notice, requiring such 
Duty of assessor, person to make out and leave at the usual place of collecting taxes 
in that precinct, or at the office of said assessor, on or before some 
convenient day named therein, a statement of the property which 
he is required to list, and shall leave with such notice a printed 
or written blank for the statement required of such person. The 
Date of leaving date of leaving such notice, and the name of the person required 
noted. *^^^ to list the property, shall be carefully noted by the assessor in a 
book to be kept for that purpose ; and if any such person shall 
neglect or refuse to deliver the statement, properly made out and 
signed as required, the assessor shall make the assessment as re- 
quired by this act. 
Oaths, who Shan § 29. Assessors and deputy assessors, justices of the peace and 
adm i nister. clcrks of the county courts, are authorized and empowered to 
administer any oath relating to the assessment of property required 
by this act. 
Refusal to list § 30. In every case where any person shall refuse to make out 

property. ^^^ deliver to the assessor a statement of the personal property, 

moneys, and credits which he is required to list, as provided by 

faithfully and impartially perform all the duties enjoined on me as such 
assessor. 

{Add the Dueling clause, according to the form an page 36.) 

Daniel Brewer. 
Taken and subscribed before me, ) 

this — day of , A. D. 18—. \ 

Hiram Hugunin, Justice of the Peace. 



DIV. 5.] ASSESSMENT AND COLLECTION. 161 

this act, the assessor shall, in every such ease, proceed to ascertain Duty of assessor. 
the number of each description of the several articles of personal 
property subject to taxation enumerated in this act, the value 
thereof, the value of the personal property subject to taxation 
other than enumerated articles, and the value of the moneys and 
credits of which a statement shall have been withheld as aforesaid, 
as the case may require ; and to enable him so to do, he is hereby 
authorized to examine on oath any person whom he may suppose 
to have knowledge of the amount or value of the personal prop- 
erty, moneys or credits, which the person so refusing was required 
to list. 

§ 31. If any person who shall be required by the assessor to i^e/usaito giye 
give evidence, as provided in the preceding section, shall refuse to*^^^ *"^*^' 
be sworn by the assessor, or having been sworn, if he shall refuse 
to answer such questions as the assessor shall put to him touching 
the subject of inquiry, any justice of the peace of the town or dis- 
trict, to whom the assessor may make application therefor, shall 
summon such person to appear before him at such time as the Justice may 
assessor shall designate, and answer on oath all pertinent questions to^pearS^^ 
which may be put to him by the assessor, or his order, touching the answer on oath, 
amount and value of the personal property, moneys and credits 
which the person required to list the same on oath has refused to list; 
and every constable and witness shall be subject to the same pen- Constable and 
alties for refusal or neglect to obey the process of such justice, aSprocSs.*^*^^^"*^ 
they are by law subject to for refusing to obey the process of jus- 
tices of the peace in civil cases ; and shall receive the same fees 
allowed for like services in civil cases, and such justice of the peaco 
shall immediately proceed to enter judgment for all such fees and •'^'^g"^®^* ^'•'^ 
for his own costs in favor of the state of Illinois, against the person ^^ ^* 
who shall have refused to make and deliver to the assessor a state- 
ment of the property which, by this act, he was required to list, 
and proceed to collect and pay over the same as in civil cases. 

§ 32. On the last Saturday in June, the assessor, town clerk Remedy for ex- 
and supervisor shall attend at the office of the tovrn clerk, for the ''''^^' ^^"^*^^''- 
purpose of reviewing the assessment list, and on the application of 
any person conceiving himself aggrieved, they shall revicAv the 
assessment, and when the person objecting thereto shall make an 
affidavit that the value of his personal estate does not exceed a 
certain sum specified in such affidavit, the assessor shall reduce the 
assessment to the sum specified in such affidavit, and if he, or any 
other, objects to the valuation put upon any of their real estate, 
the board shall hear the objections, and may reduce the same, if a 
majority of the board think it advisable, and in such case the 
assessor shall correct his list.' 

§ 33. Each town assessor shall, on or before the first day of Assessor to make 
July, annually make out and deliver to the clerk of his county, in Ssts for^'cierk. 
tabular form and alphabetical order, the names of the several per- 
sons, companies or corporations, in whose names any personal 

(1) Amended, see ante p. GO, section 13, 
11 



162 



KE VENUE. 



[div. 5. 



property, moneys or credits shall have been listed in his county, 
and separately in appropriate columns, opposite each name, the 
number and value of all articles of personal property enumerated 
in this act, the value of all non-enumerated articles of personal 
property, other than the stock of merchants and manufacturers, 
the value of merchants' and manufacturers' stock, and the value 
of the moneys and credits listed by said persons. If any person 
is assessed on property which he beheves is not properly and 
legally liable to taxation, he may apply to the board of supervisors, 



Eoarcl of supervi- 
sors may abate 
taxes where 
property is not 
liable to be 



Decision not 
final unless 
approved by 
auditor. 



Where property 
not listed by 
owner. 



Return of taxa- 
ble property. 



Assessor's oath 
attached to 
return. 



Form of assess- 
or's oath. 



at their annual meeting, for an abatement of such assessment, and 
the said board shall hear and determine the matter; but if said 
board shall decide that any such property is not liable to taxation, 
and the question as to the liability of such property to taxation has 
not been previously settled, the decision of said board shall not be 
final, unless approved by the auditor of public accounts; and it 
shall be the duty of the clerk of said board, in all such cases, to 
make out and forward to the auditor a full and complete statement 
of all the facts in tlie case. If the auditor is satisfied that such 
property is not legally liable to taxation, he shall notify the clerk 
of his approval of the decision of the board, and the said clerk 
shall correct the assessment accordingly. But if the auditor believes 
that the board has erred in deciding that such property Avas not 
liable to taxation at the time of making the assessment he shall 
advise the clerk of his objections to the decision of the board, and 
give notice to said clerk that he will apply to the supreme court, at 
the next terai thereof, for an order to set aside and reverse the 
decision of the board of supervisors. Upon the receipt of such 
notice, the clerk shall notify the person making application there- 
for. And it shall be the duty of the auditor to file in the supreme 
court a certified statement of the facts certified by the clerk, as 
aforesaid, together with his objections thereto, and the court shall 
hear and determine the matter, as the right of the case may be* 

§ 34. In all cases where the property is not Hsted by the 
owner, the assessor shall note opposite the name the words "by 
assessor." 

§ 35. Each town assessor shall, at the time he is required by 
tliis act to make his return of taxable property to the county clerk, 
also deliver to him all the statements of property which he shall 
have received from persons required to hst the same, arranged in 
alphabetical order, and the clerk shall carefully file and preserve 
the same for one year thereafrer. 

§ 36. Each town assessor shall take and subscribe an oath, 
which shall be certified by the magistrate or clerk administering 
the same and attached to the return wliich he is required to make 
to the county, in the following form, as near as may be : 

*'I, , assessor in the town of , do soleranly swear that the 

value of all personal property, moneys and credits required to be listed for 

(l)No appeal lies to the circuit court, from the decison of the board of supervisors in refer- 
ence to property claimed to be exempt from taxation. — Wortkington y. Co. of Pike^ 23 
lUs., 363. 



DIY. 5.] * ASSESSMENT AND COLLECTION. 163 

taxation by me, is truly returned and set forth in the annexed list, and that 
in every case 1 have diligently and by the best means in my power, endeav- 
ored to ascertain the true amount and value of all taxable property, moneys 
and credits ; and that, as I verily believe, the full value thereof, estimated 
by the rules prescribed by said act, is set forth in the list aforesaid; that in 
no case knowingly have I omitted to assess any property which by law I am 
required to assess, nor have I in any way connived at any violation or evasion 
of any of the requirements [of] the law in relation to the listing or valuation 
of property, moneys, or credits of any kind for taxation," 

§ 37. In all cases in which town assessors are required, in con- in case of mabii- 
sequence of the sickness or absence of the person whose duty it is asiertalnTaiue "^ 
to make out a statement of personal property, moneys and credits, ^f property. 
or in consequence of his neglect or refusal to make out and deliver 
such statement, to a?certain the amount and value of such personal 
property, moneys and credits, if the assessor shall be unable to 
obtain positive evidence of the amount and value of such property, 
moneys and credits, he shall return such amount and value as from ^^^^^ ^^^ ^^^ 
general reputation and his own knowledge of facts and circum- uou. 
stances, he believes to be the full amount and value of such prop- 
erty, moneys and credits.^ 

§ 38. The assessor, or some suitable person employed by him Assessors to de- 
for that purpose, shall add up the several columns containing the cSI^ ^ ^'^ 
number and value of each article of property enumerated, the 
value of unenumerated articles, the value of each of the other 
items of property enumerated in the seventh section of this act, 
and the total value thereof, and note the aggregate of each column 
at the bottom thereof, and shall make out and deliver to the clerk, 
with the assessment list, an abstract of the several footinjrs on 
each page, showing separately the aggregate number and value of 
each enumerated article of property, and the value of each kind 
of all other property assessed. The correctness of such abstract Oath of correct- 
shall be verified by the oath of the assessor or person who shall ^^^^' 
have made such additions. 

KEAL PROPERTY — HOW, AND IN WHAT MANNER LISTED. 

§ 39. ^ It shall be the duty of each assessor, upon being fur- Assessor to pro- 
nished with the list and blanks provided for in this act, from actual ^eed ami deter- 
view or from the best sources of information that can be obtained, S property. 
to determine as nearly as practicable, the true value of each sepa- 
rate parcel of real property in his town, according to the rules 
prescribed by this act for valuing real property, and such value 
shall be noted opposite each parcel of real property, in a column Shall note non- 
provided for that purpose; and he shall note opposite each tract '''''^^''* ^^'^• 
not listed by a resident of the town the letter "N," denoting- non- 
resident. ° 

§ 40. The assessor shall add up the valuation of the real prop- statement and 
erty, and shall set down in figures on each page the total value of '^*'^^™* 
the property listed thereon, and shall make out a statement show- 



(1) Weaver v. Devendorf, 3 Denio, U] 



164 REVENUE. [dIY. 5. 

ing the aggregate value of the lands, and the aggregate value of 
Time of making town lots. The assessor shall complete the assessment and make 
return. return thereof to the clerk of the county court, on or before the 

first Monday in July, annually. 
Assessor's oath § ^1* Each assessor shall take and subscribe an oath, which 
on return. shall be Certified by the magistrate or clerk administering the 

same, and attached to the return which he is required to make to 

the county clerk, as near as may be, in the following form : 

rormof oath. I> -^- 1^-j assessor of the town of , do solemnly swear that the re- 

turn to which this is attached, contains a correct description of each parcel 
of real property subject to taxation Avithin said town, so far as I have been 
able to ascertain the same, and that the value attached to each parcel in said 
return is, as I verily believe, the full value thereof, estimated agreeably to 
the rules prescribed therefor in the act for the assessment of property and 
the collection of taxes, and that the aggregate value, as set forth in the state* 
nient returned herewith, is true and correct, as I verily believe. 

Clerk shall com The clcrk, upon the receipt of the several assessment rolls, shall 
pare lists. carefully compare the same with the list of taxable land on file in 

his office, correcting all errors which he may discover, and add to 
the roll of the proper town the name of the purchaser and the 
description of all such lands as has been omitted by the assessor, 
Shall lay copy of which are liable to taxation. He shall then make a fair copy of 
of su^lr\iotT^ llie several assessment rolls ; which copy, together with the orig- 
inal, shall be laid before the board of supervisors at their annual 
meeting in each year ; for which service said clerk shall be allowed 
a sum not exceeding two cents for each tract of land, and one cent 
on each town lot contained in said rolls, and where the real estate 
and personal property are separate, one half cent for each person's 
name and valuation of personal property contained in said rolls. 
Penalty for neg- § 42. If any asscssor shall willfully refuse or neglect to per- 
^SS.r!''*^ ^^ form any of the duties required of him by this act, he shall forfeit 
to the people of this state the sum of fifty dollars, and be liable for 
all damages sustained by any such refusal or neglect. 
Board toexamine § 43. The board of supervisors of each county in this state, at 
assessment list. i\^q[y annual meeting, shall examine the assessment rolls of the 
several towns in their county, for the purpose of ascertaining the 
aggregate valuation of property in each town ; and they shall 
Shall assess assess the value of all such lands and lots as have been omitted by 
omitted lands. ^^^^ asscssor, and listed by the clerk, and cause the same to be 
placed opposite the description of said lands in a column prepared 
for that purpose. 
Board to fix rate § 44. They shall, at their annual meeting, fix a certain rate 
for taxation. upon the hundred dollars, to be levied upon the taxable property, 
both real and personal, in their respective counties, for county pur- 
poses, which they shall cause to be entered upon their record ; and 
they shall, at the same time, also enter upon their record the 
amount to be collected in each town for town purposes. The clerk 
Clerk to compare of the county court shall carefully compare the copy made by him 
3^1011*'^°"^' "^^^^ ^^^^ original assessment roll, [and when so compared and cor- 
rected he shall cause the taxes to be extended on said copy, and 



DIV. 5.] ASSESSMENT AND COLLECTION. 16o 

shall also cause to be endorsed on the original assessment roll,] the 
amount per cent, levied on each one hundred dollars' worth of 
property, as taxes thereon, which original roll shall remain in the 
county clerk's office until the month of March next thereafter. 
The town clerks shall call on the county clerk during the month To^v-n clerk to 
of March in each year, for the original assessment rolls of the ^^^^ ^""^ ^*^^' 
previous year of their respective towns, which rolls they shall file 
in their respective offices, for the use of the town. 

§ 45. The county clerk shall cause to be estimated and set cierk to estimate 
down in a separate column, to be prepared for that purpose, in the *^^- 
copied assessment roll, opposite the several sums set down as the 
valuation of real and personal estate, the respective sums in dol- 
lars and cents, respecting the fractions of a cent, to be paid as tax 
thereon. 

§ 46. The county clerk shall cause the copied and corrected cierk to deliver 
assessment roll of each town or district in their respective coun- 
ties, with the taxes extended thereon, to be delivered to the col- 
lector of such town or district, on or before the fifteenth day of 
November in each year. 

§ 47. To each a,ssessment roll a warrant, under the hand of cierk to attach 
the county clerk, and seal of the county court, shall be annexed, ^^^^■^^^'^• 
commanding such collector to collect from the several persons 
named in the assessment roll the several sums mentioned in the 
last column of such roll, opposite their respective names. The 
warrant shall direct the collector, out of the moneys to be collected, What the war- 
after deducting the compensation to which he may be legally enti- JSre. ^ 
tied, to pay over to the commissioners of higliways the amount of 
tax collected for the support of highv>^ays and bridges, and to the Money collected 
supervisor of the town all other moneys which shall have been col- 
lected therein, to defray any pther town expenses ; to the township 
treasurers the school fund tax, and to the county treasurer the state 
and county tax collected by him/ The county treasurer shall pay 

^Form of Collector'^ s Warrant. 
State of Illinois, [ 
Lake County, ) 

The people of the State of Illuiois, to Adams Getty, collector of the town of 

Waukegan^ in said county of Lake, Greeting : 

You are hereby commanded to levy and collect from the several persons 
named in the roll hereto annexed, and herewith committed to you, the several 
sums of money mentioned in the last column of said roll, opposite to their 
respective names ; the same being the assessment roll for the tax assessed 
upon the property in said town the current year. You will proceed to coUect 
the taxes mentioned in said tax list, and for that purpose you will call at least 
once upon each person taxed, named in said tax list, or at his, her or their 
place of business, {if he, she, or thei/ rende in said toion,) and make demand 
of the taxes charged to him, her or them, upon his, her or their property. 
And in case any person named in said list shall neglect or refuse to pay the 
tax imposed on him, or her, you shall levy the same by distress and sale of 
the goods and chattels of the person who ought to pay the same. And in 
case any person named in said tax hst, upon whom any tax is assessed, shall 
have removed out of said town, {or city as the case may he,) after the assess- 
ment was made, into any other town or city in said county, or shall reside in 



166 REYENUE. [dTV. 5. 

over to the proper officers tke amount of the tax collected by hirin 

on the delinquent real estate. 
Warrant shall au- § 48. In all cases the warrant shall authorize the collector, in 
thorize collector case any person named in such assessment roll shall neHect or 

to levy and col- /• , . it i » i 

lect by distress, rciusc to paj liis tax, to Icvj the samc by distress and sale of the 
goods and chattels of such person ; and it shall require all pay- 
ments therein specified to be made by such collector on or before 
the fifteenth day of February next ensuing. 
Clerk shall notify Before the delivery of the tax books to the collectors, the clerk 
beforc^deUvTr'J^of ®^^^^ notify the county treasurer that said books are completed, 
books to coiiec- and shall furnish such treasurer with a statement, setting forth the 
name of each collector, the amount of money to be collected and 
paid over, for each purpose for which the tax is levied in each of 
the several towns. The treasurer shall compare said statement 
with the footings on the tax books. 
Assessors to meet § 49. On the last Saturday in April in each year, the assessors 
basls^'Sf^ssess- ^^ ^^^^ several towns shall meet at the office of the county clerk 
ment for the purpose of instruction and advice relative to their duties as 

any other town or city in said county, you will levy and collect such tax of 
the goods and chattels of the persons so assessed, in any city or town in 
said county in which such person shall have removed, or in which he or 
she shall reside : and in case of such levy of goods and chattels by you, 
you will give public notice of the time and place of sale, and of the prop- 
erty to be sold, at least six days previous to the sale, by advertisements in 
writing, to be posted up in at least three pubhc places in said town ; and at 
such time and place, you will, if the same shall not be redeemed by payment 
of the taxes, sell the same by public auction. If the property thus distrained 
shall be sold for more than the amount of taxes and your fees, you will return 
the surplus to the person in who.-e possession such property was when the 
distress was made, if no claim shall be made to such surplus by any other 
person. If any other person shall claim such surplus, on the ground that such 
property belonged to him, and such claim be admitted by the person for 
Avhose tax the same was distrained, you will pay such surplus to such owner. 
Out of the moneys collected by you by virtue hereof, after deducting the 
legal fees and charges to Avhich you are entitled, you will pay over as follows, 
to wit: to the treasurer of the commissioner of highAvays of said town, the 
amount of tax collected for the support of highways and bridges, and to the 
supervisor of the town all other moneys which shall have been collected 
therein, to defray any other town expenses; to the township treasurer the 
school fund tax, and to the county treasurer the state and county tax collected 
by you, all of which payments herein specilied you are required to make on 
or before the fifteenth day of February next. 

Hereof fail not to make returns of your doings, by virtue hereof, under 
the penalties of the law in such case made and provided. 

In testimony w^hereof, I have hereunto set my hand and affixed the seal of 
the county court, this — day of , A. D. IS — . 

[seal.]" James C. Biddlecome. 

Clerk County Court. 

Note. There seems to be a di£ference of opinion as to who is the proper officer for issuing 
this process. By the township law of 1851, it was given iinder the hand and seal of the 
chairman of the board of supervisors, attested by the county clerk and seal of the county 
court; but by this act, which would repeal so much of the former as conflicts with this, 
the warrant, as will be seen, is required to be under the hand of the county clerk and 
seal of the county court. The foregoing form is therefore suggested as being in accordance 
with this section" of the law; yet prudence may dictate that the warrant be si^gned, as here- 
tofore required, by the chairman of the board of supervisors. See Section 75 of this Act^ 
post. 



i 



DIV. 5.] ASSESSMENT AND COLLECTION. 167 

assessors. They then and there shall agree upon a basis upon 

which the property in the several towns shall be assessed. The county clerk to 

county clerk shall consult with and advise said assessors as to the ^^^^i^e. 

true basis of valuing property; he shall furnish them with such 

blank circulars, &c., as they may be entitled to, and shall give such 

instructions and advice as may be necessary to enable them to 

make their assessments and returns correctly. 

§ 5 J. No assessment of property, or charge for taxes thereon. Assessment not 
shall be considered illegal on account of any informality in making illegal for in- 
the assessment, or in the tax lists, or on account of the assessment °^™^ ^' 
not being made or completed within the time required by law. 

§ 51. Every county clerk, assessor, collector or other officer Neglect of duty 
who shall in any case refuse or knowingly neglect to perform any ^y "^^^^^^^s- 
duty enjoined on him by this act, or who shall consent to or con- 
nive at any evasions of its provisions, whereby any proceeding re- 
quired by this act shall be prevented or hindered, or whereby any 
property required to be listed for taxation shall be unlawfully ex- 
empted, or the value thereof be entered upon the tax list at less 
than its true valuation, shall, for every such neglect or refusal, be 
liable, individually, and on his official bond, for double the amount 
of the loss or damage caused by such neglect or refusal, to be re- Ji^We for double 
covered in an action of debt in any court having jurisdiction of the ^^^^' 
amount thereof, and may be removed from his ofRce, at the discre- 
tion of the court before whom any such judgment shall be 
rendered. 

§ 52. In all cases where any person, company, or corporation Lands other than 
has, or may hereafter divide any tract of land into parcels less ^"^*^'"^^°^f'^*' 

,',*'. , p •' . , .^ . , government siu'- 

than the one-sixteenth part ot a section, or otherwise, in suchveys. 
manner that such parcels, can not be described in the usual man- 
ner of describing lands in accordance with the surveys made by 
the general government, with a view to sell said lands in such par- 
cel, it shall be lawful for such person, company or corporation, to^^^^^^^^^®^^" 
cause such lands to be surveyed, and a plat thereof made by the 
surveyor of the county where such lands are situated ; which plat 
shall particularly describe and set forth the lots or parcels of land g-Q^ described 
surveyed, as aforesaid ; the lots shall be numbered in progressive 
numbers, and the plat shall show the number and location of each 
lot, and the description of the tract of land of which such land is a 
part, and also the quantity of land in each lot. Said plat shall be 
certified to by the surveyor, and recorded in like manner as the 
plats of towns are required to be certified to and recorded. Lands 
described in any deed or conveyance, or for the purpose of taxa- 
tion, in accordance with the number and description set forth in 
the plat aforesaid, shall be deemed a good and valid description of 
the lot or parcel of land so described. 

§ 53. Wiien lands heretofore have been, or may hereafter be, in case o-roers re- 
subdivided into parcels less than one sixteenth part of a section, or ^"^^ ^ surrey. 
in such manner that they can not be easily and properly described, 
without noting the metes and bounds of such tracts, it shall be the 



168 REVENUE. [dIV. 5. 

duty of the owner or owners thereof, when required so to do bjthe 
assessor, to cause the same to be surveyed, and the plat thereof re- 
corded in hke manner as is required in the foregoing section ; and 
if such owner or owners shall refuse or neglect to cause such sur- 
vey to be made within a reasonable time after being notified by the 
Assessor to cause assessor, it shall be the duty of the assessor to cause such survey 
made"^ *° ^^ to be made and recorded ; and the expense thereof to be returned 
Expense how col- ^7 the assessor to the clerk, who shall add the same, together with 
lected. the commissions for collecting, &c., to the tax assessed on such real 

property, and it shall be collected wath and in like manner as the 
said tax ; and when collected shall be paid on demand to the per- 
Proviso. sons to w^hom it is due ; provided, that the collector shall either file 

a receipt for the payment thereof with the treasurer, or shall pay 
the same into the county treasury, when he makes settlement for 
the county revenue, to be paid to the proper persons when called 
for. 
Where county § ^4. In all cases where the boundary lines of any county or 
linos can not be countics can not be correctly ascertained from the plats or maps of 
Sned, duty of the original surveys, and such boundary lines not having been sur- 
boardofsupervis-yeye(]^ it shall be the duty of the board of supervisors of the 
counties bounded by any such lines, jointly, to cause the same to 
I be surveyed and located in accordance with the laws establishing 

Survey and plat such lines. They shall cause a plat or map to be made, showing 
to be made. ^j^^ correct location of the line on each equal subdivision or tract 
of land through which such line may be run ; which plat, together 
■with the field notes of such survey, shall be certified to by the sur- 
to auditoT! veyor making the survey, under oath, and forwarded to the auditor 

of public accounts, who shall cause the same to be filed and re- 
corded in his ofiSce, and a correct copy thereof forwarded to the 
clerk of the county court of each of the counties bounded by such 
Copy filed in line. And said clerk shall cause such copy to be filed in his ofiiice, 
clerks office. ^^^^ recorded in a suitable record book, and the line thus surveyed 
shall be the true division line : provided, that if the board of super- 
SpSTi^oT^of one ^i^oi's 0^ any county bounded, in part or in whole, as aforesaid, 
county refuse to shall ncglcct or rcfuse to comply with the requirements of this 
^ ' section within a reasonable time after being requested to do so by 

the auditor of public accounts, it shall be the duty of said auditor 
to cause the said survey to be made, if in his opinion the public in- 
terest requires it. And the expenses of making any such survey, 
■whether under the direction of the county authorities or of the 
auditor, shall be paid by the counties bounded by such lines — one 
half by each county. 
Where tract Ilea § 55. For the purpose of taxation, all tracts or pra'cels of land, 
in two counties. j^q|. exceeding one sixteenth part of a section, shall be assessed in 
the county -where the greater part of said tract is situated ; and the 
Power of col. Collector of the proper town in said county shall have the same 
lector to coUect po-^er and authority to collect the taxes due thereon as he would 
whole tax. .^ ^^^^ whole, of said tract were within the limits of said county. 

And in all cases where any such tract or tracts shall be equally 



DIV. 5.] ASSESSMENT AND COLLECTION. 169 

divided between two counties, and the owner thereof be a resident 
of either county, said land shall be assessed in the county in^vheresuch 
which the owner resides ; but if the owner be not a resident in ggssed.**^ ^ ^' 
either county, then the auditor shall determine in which county 
the land shall be assessed : provided, that if there be several tracts Proviso 
gimularly situated, the auditor shall apportion them equally be- 
tween the counties, as near as practicable : provided, furthermore, Further proviso. 
that when a tract of land containing a half quarter section, or 
more, is so divided by the county Ime that by subdividing it into 
quarter-quarter section lots, each county will be entitled to the 
taxes on one or more of said lots, then the tract shall be so divided. 
The provisions of this section regulating- the assessment of land 
divided by county lines, shall apply to and regulate the assessment Town lines. 
of land divided by town lines. 

§ 56. Government lands entered or located prior to the first Locations prior to 
day of May, A. D. 1853, shall be taxable for the year 1853 ; ^^"^'' ^^^2- 
lands entered or located prior to the first day of May, A. D. 1854, 
shall be taxable for the year 1854, and so on annually thereafter. 
Land sold by the trustees of the Illinois and Michigan canal, shall canai lands 
be taxable from and after the time that full payment therefor is 
made. School, seminary and saline lands shall be taxable in like 
manner as the lands sold by the general government. Internid 
improvement lands sold prior to the first day of June, A. D. 1848, 
shall be taxable for the year 1853, and annually thereafter. 

§ 57. On the first day of May in each year, or as soon there- Auditor to obtain 
after as practicable, the auditor shall obtain from the several land fand'^office and 
offices in this stat^ abstracts of the lands entered and located, and transmit same to 

11-1 1 1 n 1 1 • /' 1 county clerks. 

not previously obtamed, and shall, when necessary, obtain Irom the 
canal office abstracts of the canal lands sold. Upon the receipt of 
said abstracts, the auditor shall cause them to be transcribed into 
the tract books in his office, and shall, without delay, cause abstracts 
of the lands in each county to be made out and forwaixled by mail 
to the county clerks of the several counties ; and said clerk shall 
cause such abstracts to be transcribed into the tract book, and filed 
in, their office. 

§ 58. On the last Saturday in AjDril, A. D. 1853, and every cierk to deliver 
two years thereafter, the clerk of the county court shall cause to F'*^ °^ ^^^^ ^^^^ 

, 1* ,. T I r. 1 11 1 1 -1 *^° assessor. 

be delivered to the assessor ot each town a book, properly ruled 
and headed containing a list of the real estate in numerical order, 
with such blank columns as may be necessary, for the use of the 
assessor. The clerk, in making out said lists, shall take as liis Guide of clerk 
guide the assessment Hst of the previous year, and the fist of sub- '"^ ^^^"^s list, 
sequent conveyances : provided, that the hst of lands reported in ^^°^°- 
tlie annual abstract shall be furnished to the assessor within five 
days from and after the time such abstract is received from the 
auditor's office.^ 

§ 59. Every person owning or holding real property on the Owners on first 
first day of May, including all such property purchased on that tax o^^year. ^ °^ 

(1) Amended, see aw^e, p. 59, section 6. 



170 REVENUE. [dIV. 5. 

daj, shall be liable for the taxes thereon for that year ; and if any 
person shall sell and convey any real property on or prior to the 
first day of May next after the listing of such real property, he 
shall, when he lists his personal property for the year next after 
the listing of said real property, deliver to the assessor a state- 
ment setting forth the description of the property sold and con- 
veyed, and the name of the purchaser, and he shall list all real 
property purchased by him during the said time ; and the assessor 
shall make return thereof to the county clerk, who shall make the 
proper changes in the tax books. Real property shall in all cases 
be liable for the taxes thereon. 
Clerk to furnish § 60. The clcrk of the county court shall annually, on the last 
struts or pCTsou- Saturday in April, furnish the assesjsor of each town with a book 
ai property, &c. qy books, properly ruled and headed, for the abstract of the assess- 
ment of personal property, and shall, at the proper time, furnish 
such assessor with a hst of the real estate that may have become 
taxable subsequent to the regular assessment of real estate ; all 
l^roperty, except real property shall be assessed annually ; real 
Proviso property shall be assessed biennially :^ provided, that real property 

becoming taxable after the regular assessment of real property, or 
tliat may have been omitted, shall be assessed for the current year 
at the same time that the personal property is assessed in the year 
tliat the real property is not regularly assessed, and such property 
sliall be re-assessed the next succeeding year, with the regular 
assessment of real property. 
Auditor to fur- § 61. It shall be the duty of the auditor of public accounts to 
SLstriicSus.^ make out and forward to the clerk of the county court of the sev- 
eral counties, for the use of such clerks and other officers, suitable 
forms and instructions for carrying this act into effect ; and all such 
instructions shall be strictly complied with by the officers in the 
l^ierformance of their respective duties, as required by this act. He 
shall give his opinion and advice on all questions of doubt, as to 
the true intent and meaning of the provisions of this act. 
Assessor to enter § 62. If the asscssor sliould discovcr any real projDcrty subject 
oSiitted^by*cierk. ^^ taxation, wliich has not been returned to him by the clerk, he 
shall assess such property, and enter the same on the assessment 
list. And if upon the return of such list to the clerk, it shall ap- 
pear that any such real property has not been returned by the au- 
Cierk toadTise ditor, it shall be the duty of the clerk to advise the auditor of the 
ted funds. '''"^ * facts, describing the property so returned by the assessor ; and the 
auditor shall ascertain the true condition of such real pro]:»erty, 
and advise the said clerk thereof, who shall correct the records in 
liis otFice, in accordance with the facts in the case. 
Clerk to compare § 63. It shall bc the duty of the clerk, before delivering the 
foi^deiive^ry\o''"ii^t of real property to the assessor, to cause such list to be care- 
assessor. fViiiy com.pared Avith the lists of taxable property on iile in his of- 
tice, and if it shall appear that any such property was omitted in 
the former assessment list, he shall correct the list designed for the 

(1) Amended, seean^e, p. 59, section C. 



piV. 5.] ASSESSMENT AND COLLECTION. 171 

assessor, so that said list may contain a full and complete abstract 
of all the taxable real property in the several towns. 

OF THE MANNER IN WHICH TAXES ARE TO BE COLLECTED, AND 
THE DUTIES OF THE TOWN COLLECTORS. 

§ 64. Every collector, upon receiving the tax list and warrant, CoUector to cau 
shall proceed to collect the taxes therein mentioned, and for that ^^'^^^^^2"'°'' ^'^ 
purpose shall call at least once on the person taxed, or at liis or 
her place of residence, if in the town or district for which such 
collector has been chosen, and shall demand payment of the taxes 
charged to him on his property. 

In case of Refusal to Pay. 

§ 65. In case any person shall refuse of [or] neglect to pay to collect by dis- 
the tax imposed on him, the collector shall levy the same by dis- S to^^paytox^ 
tress and sale of the goods and chattels of the person w^ho ought 
to pay the same. 

NOTICE. 

§ 66. The collector shall give public notice of the time and Notice of sale. 
place of sale, and of the property to be sold, at least six days pre- 
vious to the sale, by advertisement, to be posted up in at least three 
public places in the town where such sale is to be made. The 
sale shall be by public auction. 

SURPLUS. 

§ 67. If the property distrained shall be sold for more than To -whom surplus 
the amount of the taxes, the surplus shall be returned to the per- S^rases^of"^- 
son in whose possession such property was when the distress was *^^^^ 
made, if no claim be made to such surplus by any other person. 
If any other person shall claim such surplus, on the ground that 
the j^roperty sold belonged to him, and such claim be admitted by 
the person for whose tax the same was distrained, the surplus shall 
be paid to such owner. 

§ 68. In case any person upon whom any tax shall be assessed in caf=e of own- 
under the provisions of this act, in any city or town of this state, coiLctor^nlay 
shall have removed out of such city or Xo\n\ after such assessment, pu^-suo and coi- 
and before such tax which now is or hereafter may be assessed, in the county^^^ ^^ 
any district of any city or in any town, upon the estate of such 
person situated out of the city or iovn\ where he may reside, and 
within the county, it shall be lawful in either of those cases for the 
collector of said city or town to levy and collect such tax of tlie 
goods and chattels of the j^err-on assessed, in any district within 
said cities, or within any town within said county to which such 
person shall have removed, or in which he shall reside. 

§ 69. Every collector shall pay over, within one week after the Collector to pay 
time mentioned in his warrant for paying the moneys directed to°J.^[.!;|,^''^^- 
be paid to the town officers of his to^vn and to the county treasurer, officers money 



172 EEVENUE. [dIV. 5. 

coUected,and the sums required in sucli warrant to be paid to them respect- 
Jj|^^tg^P^^*®^®"ivel7, first retaining the compensation to which he may be legally 
entitled. The town otiicers to whom any such moneys shall be 
paid, shall deliver to the collector duplicate receipts therefor, one 
of which shall be filed by the collector with the county treasurer, 
for the amount therein stated to have been received, and no other 
evidence of such payment shall be received by the county treas- 
urer/ 
Whpre taxes ex- § 70. Whenever any greater amount of taxes shall be assessed 
cee own c ar- .^^ ^^^.^ town than the town charges thereof, and its proportion of 
Surplus paid to i[^(. f^^-^ r^^^^[ county cliarges, the surplus shall be paid by the col- 
lector to the supervisor of the town, who shall hold the same until 
wanted by the town to pay any town expenses. 
Part of tax may § 71. The Collectors shall receive on the part of any lot, piece, 
Proviso. * ' or parcel of land, charged with taxes : provided, the persons paying 
such tax shall furnish a particular specification of the part, and if 
the tax on the remainder of such lot or parcel of land shall remain 
unpaid, the collector shall enter such specification in his return to 
the county treasurer, to the end that the part on which the tax 
remains unpaid may be clearly known. 
Undivided shares § 72. If any part on which the tax shall be so paid be an un- 
ci property. divided share, then the person paying the same shall state to the 
collector who is the owner of such share, then it may be excepted 
in case of a sale for the tax on the remainder; and the collector 
shall enter the name of such owner on his account of arrears of 
taxes. 
When collector § 73. If the town coUector shall be unable to collect any tax 
unable to collect, charged in the tax list, by reason of the removal or insolvency of 
the person to whom such tax shall be charged, or on account of any 
error in the tax list, he shall deliver to the county treasurer his tax 
Shall file state- books, and sliall make out and file with the said treasurer, at the 
qumt^taxeVand time of liis Settlement, a statement in writing, setting forth the 
make oath as to name of the person charged with such tax, the value of the property, 
and the amount of tax so charged, and the cause of delinquency, 
and shall make oath before the county treasurer, or some justice 
of the peace, that the facts stated in such statement are true and 
correct ; that the sums mentioned therein remain unpaid, and that 
he has used due diligence to collect the same ; which oath or affiv 
Treasurer shall davit shall be Signed by the town collector. And upon the filing 
uiToiiected tax. ^^ ^'^'^^ Statement, the county treasurer shall allow the town collector 
credit for the amount of taxes therein stated, and shall apportion 
and credit the same on the several funds for which such tax was 
charged ; and wlien he makes settlement with the board of super- 
visors, such statement shall be sufficient voucher to entitle him 
to credit for the amount therein stated; but in no case shall any 
town collector or county treasurer be entitled to abatements on the 

(1) When it becomes necessary for the collector to levy upon and sell the goods and chat'erS 
of any person for the collection of taxes, it will be lawful for huu to sell the same at any time 
hefore the time he is required to pay over the money to the county treasurer, and otiier offi- 
cers mentioned in his warrant, having made a levy on or pre\ious to the hfteeth of Februar 
ry. — Shelden v. Van Buskirk, 2 Comstuck, 473. 



DIT. 5.] ASSESSMENT AND COLLECTION. 173 

resident tax list, until the statement and affidavit aforesaid is filed, 
as required by this act.^ 

§ 74. If any person chosen or appomted to the office of col- Refusal of col- 
lector of any town, district or city in this state shall refuse to serve, ^^"^^^ 
or shall die, resign or move out of the town, district or city, or the 
office becomes vacated in any other way, before he shall have entered 
upon or completed the duties of his office, or shall in any way be 
disabled from completing the same, the supervisor and justices of 
such town or district, or any two of them, shall forthwith appoint a vacancy filled by 
collector for the remainder of the year, who shall give the like appointment, 
security, and be subject to the like penalties, and have the same 
powers and compensation as the collector in whose place he was 
appointed, and the supervisor or town clerk shall forthwith give 
notice of such appointment to the county treasurer. But such Former collector- 
appointment shall not exonerate the former collector or his sureties ^° 
from any liability incurred by him or them. 

§ 75. If a warrant shall have been issued as by law provided, warrants issued 
prior to any appointment under the last section, the original war-PJ'^.°'j.Q°f^PP°^^ 
rant, if the same can be obtained, shall be delivered to the collector sor deUvered 
so appointed, and shall be considered as giving him the same powers '^^'^^" 
as if originally issued to him. But if such warrant can not be 
obtained, a new one shall be made out by the clerk of the board New warrant 
of supervisors of the county and shall be signed by the chairman fo?^er°carno? 
of the board of supervisors in the same way and manner as the be obtained. 
original was, wdiich shall be directed to the collector so appointed, 
and upon every such appointment, the supervisor of the town or 
district, if he shall tliink it necessary, may extend the time hmited 
for the collection of taxes, for a period not exceeding thirty days ; 
of which extension he shall forthwith give notice to the county 
treasurer. The collector so appointed shall heep an account of ail Accounts of new 
collections made by the former collector, so far as he can ascertain keptl'*'^^ ^^^^ 
the same, and when any one shall present a receipt for taxes paid 
to the former collector, he shall mark against the amount of taxes 
so paid, to whom paid, and the time when paid. 

Neglect of Collector to Pay over Money. 
§ 76. If any collector shall refuse or neglect to pay to the Refusal of coi- 
several toA\Ti officers of his town, or to the county treasurer, the oTer"."^ ^"^ ^""^ 
sums required by his warrant to be paid to them respectively, or 
either of them-, or to account for the same as unpaid, the county County treasurer 
treasurer shall, mtliin twenty days after the time when such pay- ^^'^^t%™^^ 
ments ought to have been made, issue a warrant, under his hand of collector. 
and seal, directed to the sheriff of the county, commanding him to 
levy such sums as shall remain unpaid and unaccounted for by 
such collector, of the goods and chattels, lands and tenements of such 
collector, and to pay the same to the county treasurer, and to return 

(1) This provision requiring the oath of the collector to be made before the county treasurer 
or some justice of the peace, must be strictly comphed with ; where such oath is made before 
the clerk of the county court, it will invalidate all of the proceedings and of course the sale 
for taxes.— iib7<g-/» v. Hasti?igs, 18 Itis., 312. 



174 REVENUE. [dIV. 5. 

such warrant within forty days after the date thereof; which war- 
rant the county treasurer shall immediately deliver to the sheriff 
Exception, of the county. But no such warrant shall be issued by the county 

treasurer, for the collection of moneys payable to town officers, of 
the refusal or neglect of the collector to pay the same, or account 
therefor, as above provided. 

Duty of Sheriff. 
„, .„^ . § 77. The sheriff to whom such warran is directed shall im- 

Shenff to execute ,. , , , i i i n i 

warrant and mediately causc the same to be executed, and shall make return 
make return. thereof to the county treasurer, within the time specified, and shall 
pay to him the money received by virtue thereof, deducting from 
his fees the same compensation that the collector would have been 
entitled to retain. Such part of the moneys, if any, as ought to 
have been paid by the collector to the town officers, shall be paid 
by the county treasurer to the officers to whom the collector was 
directed to pay the same ; but if the whole amount of moneys due 
from the collector shall not be collected in such warrant, the county 
treasurer shall first retain the amount which ought to have been 
paid by him, before making any payment to the town officers. 

In case the Whole or Part of Money is Paid. 

If- part is collect- § '^'^' ^^ the wholc sum due from the said collector shall be 
ed, duty of sher- collected, the sheriff shall so state in his return, but if part only, 
or if no part of such sum shall be collected, the sheriff shall note 
in his return the fact, and the amount collected, and shall also cer- 
tify that such collector has no goods or chattels, lands or tenements, 
in his county, from which the money, or residue thereof, as the 
case may be, could be levied, and in either case the couniy treas- 
urer shall forthwith give notice to the supervisor of the town or 
district of the amount due from such collector. 

Bond to he Sued, 

Superrisor to sue § 79. The Supervisor shall forthwith cause the bond of such 

boud!^*^*^'^^ collector to be put in suit, and shall be entitled to recover thereon 

the sura due from such collector, with costs of suit, and the money 

recovered shall be applied and paid in the same manner in which 

it was the duty of the collector to have apphed and paid the same. 

Where sheriff § 80. If any sheriff shall neglect to return any such warrant, 

returning'Jvar-^ or to pay the moucy levied thereon, within the time limited for the 

rant or paying rctum of Said warrant, or shall make any other return than such 

tSure^t^'pro- as is above mentioned, the county treasurer shall forthwith proceed 

ceed against him. to collect the wliole sum directed to be levied by such warrant, 

and he may proceed in the first instance by a writ of attachment 

against the goods and chattels, lands and tenements, rights and 

credits of such sheriff, and the same proceeding may be had thereon, 

in the proper court, as is now provided by law in ordinary cases 

of attachment. 

Failure of county § 81. In case the county treasurer shall fail to collect such 

taeasurertocoi- moneys by attachment or suit, as is provided for in the next pre- 



DIV. 5.] ASSESSMENT AND COLLECTION. 175 

ceding section hereof, he shall prosecute suit on the official bond 
of such sheriff for the amount aforesaid. 

§ 82. The town collectors shall be entitled to three per cent. Collector's per 
on all moneys collected by them, as their compensation. centage. 

§ 83. This act shall apply to and be in force in all counties to what counties 
adopting the act to provide for township organization, and take ^^^ applicable. 
effect from and after its passage. 

Approved February 12, 1853. 

An Act to amend the Assessment and Revenue Laws. In force Februa- 

ry 14, 1855. 
THE ASSESSMENT OP PROPERTY AND THE COLLECTION OF TAXES 

IN COUNTIES ADOPTING THE TOWNSHIP ORGANIZATION LAW. 

Section 1. Se it enacted hy the people of the State q/*///moz5, word "assessor" 
represented in the General Assembly, That the act entitled " An act Sssot. *°^™ ^^* 
for the assessment of property and the collection of taxes in coun- 
ties adopting the township organination law," approved February 
12, 1853, be and the same is hereby so amended that wherever 
the word assessor or assessors occurs in said act, it shall be held to 
mean "town assessor," or "town assessors," as the case may be. 

§ 2. The return of the schedule or list of taxable property Assessment of 
belonging to any railroad company or companies required to be ty"gStuUeto^be 
made by this act, shall be made to the county clerk, instead of the laid before super- 
assessor ; and the clerk shall lay the same before the board of ^^''°^'^' 
supervisors when they meet to equalize the assessment of proper- 
ty. If a majority of said board are satisfied that such return is 
correct they shall assess it accordingly ; but if they believe that where schedule 
such schedule or list does not contain a full and fair statement of i:''. ^^^ ^^^^' ^"P^r- 

. . Ti.'^ors may assess 

the property oi such company subject to taxation in said county, the property. 

made out and valued in accordance with the requirements of law, 

said board shall assess such property, or cause it to be assesssed, in 

accordance with the rules prescribed for assessing such property. 

The schedule or list referred to in this section shall be delivered Schedule -when 

at the office of the county clerk of the proper county, on or county ViIS! *^ 

before the first day of May in the year in which such property is 

required to be assessed ; and if such schedule or list be not so 

delivered within the time specified in this section, it shall be the 

duty of the county clerk to obtain, as near as practicable, a correct 

list of the property of such company, with the valuation thereof, 

in each town or district in his county ; which list shall be laid 

before the board ; and said board shall take action thereon in like 

manner as if the return had been made by the company, and shall 

allow the clerk sucli compensation as may be right and proper for 

his services and expenses in obtaining such list. All property, 

whether owned by individuals or corporations, shall be listed with property listed 

reference to the quantity on hand and owned on the first day of ^J^^JJ^^y^^' 

April instead of May : provided^ that government or other lands proyiso 

not previously listed shall be returned, and be subject to taxation 

in accordance with the fifty-sixih section of the act mentioned in 

the first section of this act. 



176 



REVENUE. 



[div. 5. 



Penalty -where 
company refuses 
to list. 



Schedule of rail- 
road company, 
what shall set 
forth. 



Shall set forth 
land for right of 
way and other 
purposes. 



All ia real prop- 
erty. 

Shall set forth 
length of track. 



What is fixecJ 
property. 



Inventory of 
rolling stock, 
and value. 



Rolling stock, 
where taxed. 



Other property, 
where taxed. 



Lands other than 
in lots, shall he 
entered by as- 



How hounded. 



§ 3. Every company required to make return as aforesaid, that 
shall refuse or neglect to deliver to the clerk of the proper county, 
©r to his deputy, within the time specified in the foregoing section, 
a correct list of their taxable property in such county, made out in 
accordance with the requirements of ihe laws of this state, shall 
be liable to the penalty imposed by the eighth section of the act 
referred to in the first section of this act. 

§ 4. The schedule or list of the taxable property of railroad 
companies shall set forth a description of all the real property 
owned or occupied by the company in each county, town and city 
through which such railroad may run, and the actual value of each 
lot or parcel of land, including the improvements thereon, except 
the track or superstructure of said road, shall be annexed to the 
description of such lot or parcel of land. Said list shall set forth 
the number of acres taken for right of way, stations or other pur- 
poses, from each tract of land through which said road may run, 
describing said land, as near as practicable, in accordance with the 
surveys of the United States, giving the width of the strip or par- 
cel of land, and its length through each tract ; also, the whole num- 
ber of acres and the aggregate value thereof in said county, town 
and city. All of the property mentioned in this section shall be 
denominated real property. The list aforesaid shall set forth the 
length of the main track, and the length of all side tracks and 
turnouts in each county, city and town through which the road 
may run, with the actual value of the same, and the value of the 
improvements at each of the several stations when said stations 
are not a part of city or town lots. The said stations and track 
shall be denominated "fixed and stationary personal property." 
The list shall contain an inventory of the rolling stock belonging 
to said company with the value thereof; said rolling stock shall be 
denominated personal property ; also, a statement of the value of 
all other personal property owned by said company in each county, 
city and town. The length of the whole of the main track within 
this state, and the total value of the rolling stock, shall be set forth 
in said list. The rolling stock shall be listed and taxed in the 
several counties, towns and cities, jpro rata, in proportion as the 
length of the main track in such county, town or city bears to the 
v/hole length of the road. All other property shall be listed and 
taxed in the county, town or city where the same is located or 
ised. The description of all lands owned by any railroad com- 
pany, for right of way or station purposes, other than those which 
are a part of laid off town, city or village, shall be entered by the 
assessor on his books, as being a strip or tract of land extending 
on each side of the said railroad track, and embracing the same, 
commencing at the point where the said railroad track crosses the 
boundary hne of said county, city or town, and extending to the 
point where the said track crosses the boundary line of said county, 
city or town, or to the point of its termination in the same, as the 
case may be, containing — acres, more or less, (inserting name 
of county, city or town, boundary line of the same and number of 



DIV. 5.] ASSESSMENT AND COLLECTION. 177 

acres,) and when advertised by any sheriff or collector, to be sold 
for taxes, or when so sold, no other description shall be necessary. 
If any clerk or assessor, as aforesaid, shall change the valuation of if yaiuation 
property as aforesaid, or any of the same, that shall be returned by to'tS^^ven!'*^^^ 
any railroad company, he shall give notice of such change, as pro- 
vided for in section nine of " an act for the assessment of property 
and the collection of taxes in counties adopting the township organ- 
ization law," approved February 12, 1853. 

§ 5. The county clerk shall furnish at the expense of the County clerk to 
county, suitable blanks for the use of the assessors, and is hereby ^"^^^^ ^^^^^^" 
authorized and required to assess and enter on the list for taxation 
any and all property, whether real or personal, that may have been cierk to enter 
omitted in the regular assessment list ; and if any such omissions property omitted. 
be not discovered in time to be entered on the tax hst of the proper 
year, he shall add the amount of tax due thereon to the tax of the 
following year. The list of taxable real estate required to be fur- List of real estate, 
nished for the use of the assessors shall be made out from the col- JoJf.°^'^^°"' 
lector's book, instead of the assessment list, and the town collectors 
shall deposit the tax lists or books furnished them by the county 
clerk, with the county treasurer, at the time of their settlement 
with said treasurer ; and said treasurer shall, within two months ^oo^ to be de- 
thereafter, deliver said tax books to the county clerk, who shall ^^^^ " 
deposit them in his office, to be kept as part of the records of said 
office. 

§ 6. Each assessor shall at the time of taking a list of the Dvity of assessor 
personal property, in the year or years in which the real property substqStf^be- 
is not required to be listed, also take a hst of all real property sit- coming taxable, 
uate in his town that shall have become subject to taxation since thereof. ® '^^^ "™ 
the last previous listing of property therein with the value thereof, 
and of all new buildings or other structures of any kind, the value 
of which shall not have been previously added to or included in 
the valuation of the real property on which such structures have 
been erected, and shall make return thereof to the county clerk at 
the same time he makes return of the personal property ; in which 
return he shall set forth a description of the real property on which what return • 
each of such structures shall have been erected, the kind of struct- ^^^^'^'^^t^- 
ures so erected, and the true value added to such parcel of real 
property by the erection thereof ; and the additional sum which it 
is believed the land on which the structure is erected would sell 
for at private sale in consequence thereof, shall be considered the 
value of such new structure ; and in case of the destruction by 
fire, flood or otherwise, of any building or structure of any kind 
which shall have been erected previous to the last valuation of the 
land or lot on which the same shall have stood, or the value of 
which shall have been added to any former valuation of such land 
or lot, the assessor shall determine, as near as practicable, how 
much less such property would sell for at private sale in conse- 
quence of such destruction, and make return thereof to the county 
derk, as in this section provided. In all such cases the clerk shall cierk to addM- 
add to the former valuation of such property the amount of the ^^^ ^^^** 
12 



178 



REVENUE. 



[div. 5. 



Proviso. 



Subdivision of 
lots and blocks. 



additional value, and deduct from the former valuation the amount 
of decreased value, in accordance with the return made as afore- 
said: provided, that the board of supervisors shall have power to 
equalize or correct any such returns. If any tract or parcel of 
land shall be subdivided into town or city lots, or blocks after the 
previous assessment thereof, it shall be the duty of the assessor, at 
the time of taking a list of the personal property as aforesaid, to 
assess and return the value of such lots or blocks in like manner 
as if the land had not been assessed ; and the clerk shall correct 
the tax list accordingly. Section forty -nine of the act mentioned 
in the fir^t section of this act is hereby repealed, provided that the 
town assessors shall call at the clerk's office for the lists, blanks, &c. 



REGULATING THE 
ADOPTING 



COLLECTION OF THE REVENUE IN COUNTIES 
THE TOWNSHIP ORGANIZATION LAAV. 



Bond by -whom 
approved. 



7. The act entitled " An act resrulatin"; the collection of the 



Proviso. 



revenue in counties adopting the township organization law," 
approved February 12, 1853, be so amended that the judge of the 
county court, county clerk, and chairman of the board of supervi- 
sors, shall have power to approve of the bond required by the 
third section of said act, in like manner as the board of supervisors 
have power to approve of such bonds ; which bond shall be exe- 
cuted before the first day of December in each and every year ; 
provided, that any such bond executed after the time specified in 
this section shall not be void in consequence of not having been 
executed within the time aforesaid. But in no case shall the 
county treasurer act as collector, or receive any state revenue until 
after he shall have executed and filed the bond required by the 
aforesaid third section. 

§ 8. The collector may advertise the list of delinquent lands 
and town or city lots upon which any taxes remain due and unpaid 
on the second Monday in March, at any time thereafter. 

§ 9. The lands and lots delinquent for taxes of the year 1854, 
or for any previous year or years, shall be sold on the second Mon- 
day in May, 1855 : provided, that if for any cause judgment 
thereon shall not be obtained at the May term of the county court, 
judgment may be had at any regular term of the county court 
thereafter and the sale shall be on the Monday next after the first 
day of the term at which judgment is obtained ; which sale may be 
continued from day to day, as is now provided for by law. 

§ 10. All lands and town or city lots upon which the taxes shall 
remain unpaid on the second Monday of March next, after such 
taxes become due, shall be considered delinquent ; and all such 
lands and lots shall be sold on the second Monday of May next 
after they become delinquent, or as soon thereafter as practicable. 
Sections fifteen, sixteen, eighteen, nineteen, twenty, twenty-one, 
twenty-two, twenty-three, twenty-four and twenty-five of the act 
Sections repealed, mentioned in the seventh section of this act, and all other acts or 
Proviso. parts of acts conflicting with this act, are hereby repealed : pro 



Advertising de- 
linquent lands. 



Sale for 1854. 



Proviso. 



When delinquent 
lands shall be 
Bold for taxes. 



DIV. 5.] ASSESSMENT AND COLLECTION. 179 

vided, that so much of the aforesaid sections and laws as requires 
fifty per cent, and costs to be charged and collected on the tax of 
the year 1853, remaining unpaid, shall remain in full force. 

§ 11. The fees allowed by law for making out the list of real Fees ho-p paid, 
estate for the use of the assessors shall be paid out of the county 
treasury ; and the board of supervisors shall allow the clerk such 
reasonable compensation as may be right and just for his services Compensation to 
in making out and recording the abstract required to be made out ciefk by^supem- 
and recorded by the tenth section of the act mentioned in the seventh sors. 
section of this act, and for making list of delinquent lands and 
lots sold for taxes, for the auditor's office, and for making settlement 
with the county collector, and for making certified statement of said 
settlement for the use of the auditor's office ; all of which shall be 
paid out of the county treasury. 

******* 
§ 20. So much of the several acts mentioned in this act, as re- List of non-resi- 
quires a list of the non-resident property to be made separate from S rSEd^ 
the resident property for the use of the county treasurer or county 
collector, be and the same is hereby repealed, and hereafter the 
clerk shall include all the taxable propertj*, whether owned by res- 
idents or non-residents, in the tax lists furnished the town collect- 
ors. All real property returned by the town collectors to the 
county collector as delinquent, shall be considered non-resident All delinquent 
property, and the county collector shall proceed to collect the taxes nwx-resident!^^'^ 
due thereon, by sale or otherwise, as provided for by law. Town 
collectors shall make out and deliver to the county collector, at 
the time of their settlement, a list of all the delinquent property 
aforesaid, which list shall contain a true description of said prop- 
erty, the name of the person to whom listed, the amount of taxes 
charged on each parcel of property, and such other facts relative 
thereto as may be set forth in the list furnished him. 

******* 
§ 22. In counties that have adopted township organization, the County collector 
tax on property owned by railroad companies shall not be charged onTauToad ^ 
on the tax books made for the use of the town collectors, but a cer- property. 
tified statement of such tax and property shall be delivered to the 
county collector, and said collector shall collect the amount of tax 
due from such company or companies, and pay the same over to 
the state treasurer and other persons authorized to receive it, in 
like manner as taxes due on non-resident property are required to 
be collected and paid over by him. If any such company shall if unable to col- 
neglect or refuse to pay any tax due by them, as provided for by suit. "^^^^^ 
law, and the collector can not find property in his county belonging 
to said company sufficient to make the amount of tax due as afore- 
said he may, and it shall be his duty to prosecute suit therefor in 
any court having jurisdiction thereof in this state. That in cases Time for tax sales 
where judgment has heretofore or may hereafter be rendered for *^^^^*^®'^- 
taxes due on real estate, and from any case [cause] whatever the 
collector failed to offer the property for sale at the time required 



180 EEYENUE. [DIV. 5. 

by law, said collector may offer said property, or so much thereof 

as may be necessary to pay taxes and costs remaining unpaid at 

the time of sale, at any subsequent time, by giving notice of the 

time and place of said sale, which notice shall be published in like 

manner, and for the length of time that notices for judgments and 

sale of such property are required to be published ; and in cases 

incasoofappeaifl. of appeals in suits for dehnquent taxes, when the judgment is 

affirmed, sale may be made at any time after the affirmation of 

Fee for publish- such judgment, by giving notice as aforesaid. The fees for pub- 

lefted.^ ^^" lishing notice as aforesaid shall be charged and collected as other 

costs. 

§ 23. This act shall take effect and be in force from and after 
its passage. 

Approved February 14, 1855. 

In force June 23, ^^ -^ct declaring certain Lands exempt from Taxation. 

Section 1. Be it enacted by the people of the State of Illinois, 
Rule of afisei3s- represented in the General Assemhli/, That assessors are hereby 
meat. required to take into consideration the diminution in value of lands 

occasioned by any public road, railroad, canal or its feeders, em- 
bankments, or earth dug or thrown therefrom, in estimating the 
value of the same, and that the ownei-s of lands thus occupied or 
incumbered shall only be required to pay taxes on the same, de- 
ducting the loss occasioned by said incumbrances. 

§ 2. This act to be in force from and after its passage. 
Approved June 23, 1852. 

In force Febniaiy -^ ^^* *^ amend the Revenue Laws. 

21, 1859. Section 1. Be it enacted by the People of the State of Illinois, 

Former act represented in the General Assembly, That the seventh section of 
amendea. the act entitled "An act for the assessment of property and the 

collection of taxes in counties adopting the township organiza- 
tion law," and the seventh section of "An act for the assessment 
of property," approved February 12th 1853, be and the same are 
hereby so amended, that the quantity in acres, of wheat, corn and 
all other field productions, shall be ascertained and set forth by the 
Assessor to gath- ^ssessor, in columns prepared for that purpose, to wit : the num- 
er statistics of ber of acres of wheat shall be placed in one column ; the number 
^^' of acres of corn shall be placed in one column ; and the number 

of acres of all other field productions shall be placed together in 
one column in like manner as the quantity of other personal prop- 
erty is required to be set forth, except that the value thereof shall 
not be estimated or set forth. 
Auditor to • § ^* "^^^ auditor, in preparing the forms of assessor*s books, 

instructions. for the year 1860, and thereafter, shall give the necessary instruc- 
tions for carrying this act into effect. 
Approved February 21, 1859. 



my. 5.] ASSESSMENT AND COLLECTION. 181 



An Act ia relation to the Assessment of the Property of Railroad Compa- in force FeK 
nies for taxation, in counties adopting the Township Organization Law. ruary 21, 1861. 

Section 1, Be it enacted bi/ the People of the State (?/* 7/Z<- List of property 
nois, represented in the General Assemble/, That whenever the JiSl!"*^ '''''"'^^ 
schedule or list of taxable property belonging to any railroad com- 
pany shall be filed with the county clerk of any county adopting the 
township organization law, and the valuation of the property de- 
scribed in such schedule as fixed by said schedule, shall be in- 
creased by the board of supervisors of such county, then an appeal Appeal by rail- 
may be taken by such company from such order of the board of super- ro^^i.c^opany- 
visors to the circuit court of said county, by filing bond with the clerk 
of the county court of said county in double the sum assessed by said 
board on the property of said company, within thirty days after 
the said assessment shall have been increased by said board of su- 
pervisors. Said bond shall be executed to the people of the state 
of Illinois, for the use of the people of said county, with good and 
sufficient security, and shall contain the provisi6ns now required 
by law in cases of appeal from justice of the peace to the circuit 
court. 

§ 2. All appeals taken under the provisions of this act shall Trial of arpeais. 
be set by the clerk of said circuit court for the second day of the 
term to which appeal may be taken, and shall be tried by the court 
or a jury as other cases of appeal under existing laws of this 
state. 

§ 3. The payment of the tax of such railroad company, ac-Paj-mentoftax. 
cording to the list and valuation filed by it, shall not be in any 
manner delayed by the taking of such appeal. 

§ 4. Any resident tax payer of said county, feeling aggrieved Resident tax pay- 
by the assessment of said board, shall have the right to appeal *^^'^ appeal, 
from such assessment to the circuit court of said county, by filing 
good and sufficient bond with the clerk of said county court, within 
thirty days after such assessment shall have been increased or ac- 
quiesced in by said board, in a sum sufficient to cover all costs that 
may accrue in consequence of such appeal ; which bond shall be 
made payable to said railroad company, and shall contain all the 
provisions now required in appeal bonds under the laws of this 
state. 

§ 5. This act shall take effect and be in force from and after 
its passage. 

Approved February 21, 1861. 

An Act to provide for the interest on the State Debt. In force Jsmnary 

1, 18G2. 
Section 1. Be it enacted by the People of the State of Illinois^ 
represented in the General Assembly, That it shall be the duty of ^g^g^^^^t'!^''^ 
the auditor of public accounts to assess, annually, upon the tax- 
able property of this state, in addition to all other taxes, a sum 
sufficient and no more, with the interest fund, if any, in the state 
treasury, to pay the interest upon the state debt, upon Avhich 



182 REVENUE. [DIY. 5. 

— —m^.— . ' r — — 

interest is legally payable ; which said sum shall be assessed and 
collected in the same manner as other state revenue is or may be 
assessed and collected; said assessment not to exceed one and a 
half mills on each dollar of taxable property. 

§ 2. The fund thus collected shall be kept separate and shall 
be denominated the interest fund, and shall be applied to the pay- 
ment of interest upon the state debt, and for no other purpose 
whatsoever. 

§ 4. This act to take effect and be in force from and after th^i 
first day of January, A. D. 1862. 

Approved February 22, 1861. 



In force Teb. 15, An Act to legalize Assessments heretofore and hereafter to be made. 
1851. 

^s^fsments SECTION 1. Be it enacted hy the People of the State of Illinois y 

° ' repi^esented in the General Assembly, That where any county or 

township assessor has heretofore failed, or shall hereafter fail to 
complete or finish his assessment in the time required by law, such 
failure shall not vitiate such assessment, but the same shall be as 
legal and valid as if the same had been completed in the time re- 
quired by law: provided, that this act shall not release any such 
assessor of any county or township from any liabihty imposed by 
law for the non-fulfillment of his duty. 

This act to take effect and be in force from and after its passage. 
Approved February 15, 1851. 

In force April 2-1, -An Act to relieve the People of this State from the payment of exorbitant 
18^1- and unnecessary Taxes. 

Preamble. Whereas, out of the entire two-mill tax collected for the last two 

years, under the provisions of the 15th article of the constitu- 
tion of this state, less than three per cent, has been called for 
by the creditors of the state entitled to receive the same ; and 
whereas all of the indebtedness thus presented has been paid in 
full, and the other bondholders entitled to receive pro rata pay- 
ments on their bonds, in accordance with the terms prescribed 
by the said 15th art. of the constitution, have wholly declined 
and refused and do still decline and refuse to receive any portion 

Two-mm tax of the said two-mill tax fund ; and whereas the convention that 

framed the constitution declared that the said 15th art. contem- 
plates a consent on the part of our bondholders to receive the 
said funds, when collected, as indispensable to the assessment 
and collection of the same; and whereas our present financial 
condition requires that provision shall be made for an increase 
in the revenue fund, while a just regard for the interests of our 
state and the prosperity of her people imperatively demands 
that such provision shall be made, without increasing, but on the 
contrary, if possible, by diminishing our present heavy rate of 
taxation; therefore, 

state tax for two SECTION 1. Be it enacted hy the People of the State of Illinois, 

y^r3 one-half represented in the General Assembly, That there shall be assessed 



PIY. 5.] COLLECTION. 183 

and collected, in the same manner as other State taxes are assessed 
and collected, one-half of one mill upon each dollar's worth of tax- 
able property in this State, for the year 1861, and also for the year 
1862; and the assessment and collection of all other state taxes, other taxes bus- 
except the school tax, for the above mentioned years is hereby ^'^^ ^ ' 
suspended. 

§ 2. All funds now in the state treasury and belonging to the punds in state 
state, excent the interest fund and the school fund, and the Central treasury carried 

■i n 1 ^ n 0V6r to rGV6QUi^ 

railroad fund, shall be loaned and transferred by the state treasurer, fund. 
upon the auditor's warrant, to be drawn for that purpose, to the 
revenue fund; and all funds hereafter received into the state Funds collected 
treasury and belonging to the state, except the said interest fund ^^^^^^^f^^_ 
and the said school fund, and said Central railroad fund, shall be 
paid into the said revenue fund; and said funds shall be subject to 
be drawn therefrom upon auditor's warrants issued for the pay- 
ment of appropriations made by law. 

§ 3. It shall be the duty of the state treasurer to transfer interest fund 
from the revenue fund, or any other funds in the state treasury, to p^°""'^^<^ ^*^^- 
the interest fund, at such time or times as may be necessary, upon 
the auditor's warrant, to be drawn for that purpose, a sum sufficient 
to make up any deficiency in said interest fund, and to provide 
fully for the payment of the interest on the state debt, as the same 
regularly becomes due ; and it shall not be lawful for the said state 
treasurer to allow the said revenue fund to be reduced at any 
time, by the payments of auditor's warrants drawn thereon, below 
an amount sufficient for the purpose of making ample provision 
for any deficiencies which may exist in the said interest fund as 
aforesaid. 

§ 2. This act to be in force from and after its passage. 

Approved February 8, 1861. 

COLLECTION. 

An Act regulating the Collection of the Revenue in Counties adopting the In force Tclorua- 
Towusbip Organization Law. ^J 12, 1853. 

Section 1. Be it enacted hy the people of the state of Illinois, vrhrittnndsshsLii 
represented in the General Assembly, That the county revenue' ' ' " 

shall be collected in gold and silver coin, county orders and jury 
certificates, and in no other currency ; the revenue for state pur- 
poses shall be collected in gold and silver coin, and auditor's war- 
rants, and in no other currency ; and state taxes, levied for any 
special purpose, other than to defray the ordinary expenses of the 
state government, shall be collected in gold and silver coin, and in 
no other currency. 

§ 2. The treasurer of each county shall be the county collector. Treasurer to be 
and his refusal to qualify and act as such shall vacate his office of ^'^^^'^ '^°^'''''' 
treasurer, which shall be filled as in other cases of vacancy. 

§ 3. Said collector shall, at the September meeting of the board County collector 
of supervisors, annually, and before he enters upon the duties of nu|i[y,^°^^ ^^* 



be received for 
taxes. 



proved. 



B. 


L. S 


D. 


L. S. 


F. 


L. S 



184 REVENUE. [DIV. 5. .^ 

Condition of bond his office as coUector, execute a bond, in addition to his bond as 
secunties. treasurer, in a penalty of at least double the amount of the state 

taxes to be collected in the year next thereafter, with two or more 
securities, who shall be residents of the said county, and owners of 
real estate equal in value to the amount specified in the bond ; 
Bond be ay- which amount shall be determined, and which bond shall be ap- 
proved by the board of supervisors, and shall be witnessed by at 
least one witness who can write his name, and be substantially in 
the following form, to wit:^ 

Form of bond. *'Know all men by these presents, that we, A. B., collector, and C. D. and 

E. F., securities, all of the county of , and state of Illinois, are held 

and firmly bound to the people of the state of Illinois in the penal sum of 

dollars, for the payment of which, well and truly to be made, wo 

bind ourselves, each of us, our heirs, executors and administrators, firmly by 
these presents. Signed with our hands and sealed with our seals, this — day 

of , 18—. 

"The condition of the foregoing bond is such, that if the above bound 
A. B. shall perform all the duties required to be performed [by] him as col- 
lector of the taxes for the year 18 — , in the time and manner prescribed by 
law, and when he shall be succeeded in office, shall surrender and deliver over 
to his successor in office all books, papers and moneys belonging to said 
county, or to the state and appertaining to his said office, then the foregoing 
bond to be void, otherwise to remain in full force. 

A. 
C. 
E. 
" Signed, sealed and delivered in presence of me, G. H." 

aalltaieoath. He shall also take and subscribe an oath, to be endorsed on the 
back of the bond, before some person authorized to administer 
oaths that he will faithfully, diligently, and impartially, to the best 
of his judgment and ability, perform all the duties required of him 
by law as such collector.^ 

Bond not Toid § 4. Bonds given in pursuance of this act shall not be eon- 

Ss^!^t.^*^ ™ sidered void, nor shall any security be released from any liability 
thereon, in consequence of any informality in the assessment, or in 
making out the assessment lists, nor of any change or alteration in 
the law made by the general assembly, although the same may be 
made after the execution of said bond. 

Bond approved § 5. The Collector's bond shall be approved by the board of 

and entered on . 

jecord of board (l) Amended ; see act for assessment of property and collection of revenue, approved Feb. 
of supervisors. 14, 1855, sec. 7, ante, page 178. 

(2) Guyery.Andrews,ll Ills. ,494:. People \. Smith,121d.,281. Comphory. People, ld.,2i)(i. 

Form of Oath of County Collector^ to he endorsed on hack of Bond. 

State of Illinois, ) ^^ 
Fulton County, ) 

I, A. B., county collector of the county of Fulton, in the state of Illinois, 
do solemnly swear that I will faithfully, diligently and impartially, to the best 
of my judgment and abihty, perform all the duties required of me by law as 
such collector. A. B. 

Subscribed and sworn before me, ) 

this — day of , 18 — . f --,.;... 

C. D., Justice of the Peace. 



DIV. 5.] COLLECTION. 185 

supervisors, and shall be correctly copied and entered on the 
records of said board, and forthwith mailed to the auditor of public 
accounts, with the certificate of the clerk, under the seal of his 
office, showing that said bond has been duly approved and record- 
ed. Said bond, when approved and recorded, shall be a lien 
against the real estate of such collector, until he shall have com- 
plied with the conditions thereof 

§ 6. On the first Monday of November, annually, or as soon Non-resident list, 
thereafter as the collector shall be qualified, the clerk shall deliver ^^eTtT^lecu^i. 
the tax lists or books containing the non-resident tax list, to said 
collector, and shall take from him duplicate receipts, setting forth DupUcatere- 
tlie amount of state, county and special tax charged for said year, ^^^p^- 
one of which shall be forwarded to and filed in the office of the 
auditor of public accounts, and the other in the office of the county 
clerk. All taxes shall be considered due from and after the time Taxes when due. 
the tax books are required to be delivered to the collector. 

§ 7 The clerk shall compute the amount of taxes due on each cierk to compute 
tract or parcel of land, on each town lot or block, and on each per- J^esdueoneach 
son's personal property, placing the amount of such tax in the 
proper columns opposite the value thereof, in all cases rejecting 
the fractions of cents, and shall add up the figures showing the 
amount of such tax, in the proper columns, and the aggregate 
amount on each column shall be noted on each page. Said clerk Accuracy to be 
shall test the accuracy of such additions, by computing the amount ^^^ted. 
of tax on the aggregate value of property on each page, that he 
may be certain that the tax has been correctly extended and 
added. 

§ 8. In all cases when any real property has heretofore been, or Back tax added 
may hereafter be forfeited to the state for taxes, it shall be the duty Serin '''^'' 
of the clerk, when he is making up the amount of the tax due on 
such real property for the current year, to add the amouut of back 
tax and fees remaining due on such real property, with ten per 
cent, interest thereon, to the tax of the current year, and the aggre- 
gate amount so added together shall be collected in like manner as 
the tax on other real property for that year may be collected. 

§ 9. The clerk shall annually make out for the use of the town cierktomakeont 
collector, correct lists of the property assessed to residents, which for'Sctor ^' 
lists shall set forth in alphabetical order, the names of the persons 
owing tax on personal property in each collector's district, the List how made 
aggregate value of such property assessed to each person, and the °"** 
amount of tax due thereon, and such other facts as may be required 
by the forms and instructions provided for by this act ; he shall 
make out the abstracts of real property in numerical order, which 
shall show the name of the person to whom each tract or lot is 
assessed, the value of each tract or lot, and the amount of taxes 
thereon ; which list shall be made out in strict conformity with the 
forms and instructions furnished by the auditor. He shall also 
make out in like manner, for the use of the county collector, Abstract for 
abstracts of the real property listed as non-resident property. county collects. 



186 REVENUE. [DIV. 5. 

When lists are § 10. "When the books or lists for the collector are completed, 

to mSe^'stlS ^^6 clerk shall make out a complete abstract, showing the aggre- 

showing aggre- gate iiumbcr and value of each kind of personal property enumer- 

propCTty!*^ ° ated in the assessment list ; the value of une numerated articles ; 

the value of goods and merchandise ; the value of property listed 

by bankers, brokers and stock-jobbers ; the value of property listed 

by manufacturers ; the value of moneys and credits ; the value of 

moneys invested in bonds, stocks, joint stock companies, &c. ; the 

value of property listed by banks ; the value of lands, and the 

value of town and city lots ; the amount of state tax due thereon, 

and the rate of taxation for county and other special purposes. 

The value of property assessed to non-residents, and the amount of 

tax thereon, shall be stated separately from the non-resident tax. 

Correctnesa to be The correctness of said abstract shall be certified to by the clerk, 

certi ed. ^^-^i^^ ^^^^ g^^l ^x- j-^j^ office attached, and forwarded to the auditor's 

Copy entered on officc by mail. A true copy of said abstract shall be entered on 

recora. ^|-jg records of Said court. If any clerk shall knowingly make a 

Penalty. false or incorrcct abstract of the value of taxable property, he 

shall be deemed guilty of perjury, and punished accordingly. 
County collector § 11. The collcctor of cacli county, upon receiving the assess- 
to collect* °^^^* ment list of the non-resident property from the clerk of the county 
court, and giving a receipt for the same, shall collect the taxes 
charged upon said lists from the persons owing the same, and he 
shall give such persons receipts therefor. 
County collector § 12. On or bcforc the third Monday in April, annually, the 
to report to clerk coUcctor shall make out and file with the county clerk a statement 

delinquent list ... • n ^ ^ ^ c a ^ /. 

and list of errors in writing, setting forth the value of property, and the amount or 
tax thereon, in each town that has been returned to him by the 
town collectors as delinquent, and also a list of the errors in the 
non-resident list, showing a description of the property and the 
amount of the tax charged in error, and the cause of the error ; 

Verified by oath, the truth of said Statement and list shall be verified by the oath,.of 
such collector. At the April meeting of the board of supervisors 

Abatements to be he shall settle with and allow the collector credit for such abate- 

°^^ ■ ments as he may be legally entitled to, and the clerk shall certify 

the value of the property upon which the taxes are so abated, and 

the amount of the state tax charged thereon, to the auditor of 

public accounts, who shall allow the collector credit for the amount 

l^roviso. so certified : provided, that if the auditor shall have reason to be- 

lieve that the amount stated in said certificate is not correct, or 
that the allowance was illegally made, he shall return the same for 

Clerk tocertify coiTCction. If there be no meeting in April, the clerk shall certify 

auditor. the value of property and the amount of the state tax charged on 

the list of abatements filed by the collector, to the auditor, who 
shall allow the collector credit for the same, subject to the future 
action of the board, and said board shall examine and act upon the 
said list at their first term thereafter, and their action shall be cer- 
tified by the clerk to the auditor, who shall adjust the account of 
the collector, as provided for in this act. 



d 



DI7. 5] COLLECTION. 18T 

§ 13. The county courts of the seA^eral counties m this state Jurisdiction of 
shall have original jurisdiction of suits for taxes due on real prop- S'fS to"2! ^^ 
erty, whether such courts be sitting for the transaction of county 
or probate business. 

§ 14. Personal property shall be liable for taxes levied on real property liable 
property, and real property shall be liable for taxes levied on per- ^°^' **^®^ ^®^®^' 
sonal property, but the tax on personal property shall not be 
charged against real property, except in cases of removals, or 
where said tax can not be made out of the personal property. 

§ 15. If the taxes on any town or city lot or lots shall remain Town lois when 
unpaid on the third Monday in April next after said taxes become how soM^for'^tex- 
due, the collector shall advertise, obtain judgment and sell suches. 
lots in hke manner as is provided for by this act for advertising, 
obtaining judgment and selling non-resident and delinquent lands. 
And if any such lots be forfeited to the state, as is provided for in ^-^J forfeited to 
the case of delinquent lands, the clerk shall certify to the auditor 
the amount of state tax charged on the lots so forfeited, and the audi- 
tor shall allow the collector credit therefor, and charge the same to 
the collector for the following year. The board of supervisors Credit allowed 
shall allow the collector credit for the amount of taxes charged for Jetted^iot?^ ^^^' 
county, town and other special purposes, on the lots forfeited to 
the state, including the printer's fee thereon. Town and city lots Time of sale. 
shall be sold annually, in the month of May next after the taxes 
become due, or as soon thereafter as practicable.' * 

§ 1 6. If the taxes on any tract or parcel of land, other than List of lands, 
town or city lots, shall remain unpaid on the first day of May next 
after such taxes become due, said collector shall make out and file 
with the clerk of the county court a true and correct list of the 
said lands, setting forth the name of the owner, or person in whose 
name the said property is taxed, a description of the property, the 
value of each tract or parcel, and the amount of taxes charged 
thereon, together with the aggregate value and amount of tax due 
on such list ; and he shall attach to and file with said hst an aflida- Affidavit. 
vit, which shall be in the following form, to-wit; 

"I, A. B., collector in and for the county of , do solemnly swear that j-orm of affidavit. 

the list to which this affidavit is attached, is true and correct, and that the 
taxes thereon, as set forth in said list, are unpaid, and that I have used due 
diligence to collect said taxes, and that the aggregate amount therein stated, 
remains due and unpaid, as I verily believe." 

Said Hst shall be examined by the county clerk, and all errors 
therein corrected ; and the collector shall be allowed credit in his 
settlement for the amount of county tax, including road, school, and 
other special county tax due thereon. The clerk of the county 
court shall within ten days after filing of said list, make out a true 
and correct copy thereof in manner and form as may be required 
by the auditor of public accounts, and shall forward the same to 
said auditor, to be filed in his office. * 

*(1) Sections 15, 16. 18, 19, 20, 21, 22. 23, 24, and 25 of this act are repealed See act for 
assessment of property and collection of revenue, approved February li, 1S55, sec. 10, ante 
page 178. 



188 



REVENUE. 



[div. 5. 



Clerk's duty. 



Coflector to set 
tie. 



FcHrfdture. 



Auditor's duty 
on neglect of 
collector. 



Warrant to be 
executed. 



Fees and com- 
missions. 



PtotIso. 



Indorse &cts. 



§ 17. The clerk of the county court shall make out and deliver 
to the collector, on or before the fifteenth day of May annually, the 
statement, certificates and lists appertaining to the settlement of the 
accounts of such collector, which statement, certificates and lists, 
shall be made out in proper form, under seal of said court, securely 
enveloped and sealed. The collector shall deliver the package re- 
ceived from the clerk as aforesaid, at the ofiice of the auditor, and 
make a final settlement of his accounts, and pay the amount due 
the state into the state treasury, on or before the first day of June 
next after receiving the tax books. At the time of making the 
settlement, the clerk shall deUver to the collector a memorandum 
showing the net amount collected, as per said settlement ; and if 
any clerk shall neglect or refuse to make out and dehver the state- 
ments, certificates and lists as required by this act, on demand of 
the collector, he shall be liable for all damages sustained by such 
collector, or his securities, by reason of such neglect or refusal. 

§ 18. If any collector shall refuse, fail or neglect to make set- 
tlement and pay the full amount due from him to the state, into the 
state treasury, as is or may hereafter be required by law, it shall 
be the duty of the auditor of public accounts, and he is hereby au- 
thorized and required to issue a warrant, under his hand and seal 
of office, directed to the sheriff" of the proper county, (if there be 
no sheriff", then to the coroner, and if there be no sheriff" or coro- 
ner, then to some suitable person appointed by said auditor as es- 
pecial agent for that purpose,) commanding him to levy and collect 
such sums as shall remain due from such collector, and pay the 
same into the state treasury as required by law. Said auditor 
shall attach to every such warrant a correct statement of the ac- 
count of such collector, as charged on the books in his said office. 
The warrant aforesaid shall have the same force and effect as' ex- 
ecutions issued by the circuit courts.* 

§ 19. The officer or agent to whom such warrant shall be di- 
rected shall immediately cause the same to be executed, and the 
money collected out of the goods and chattels, lands and tenements 
of such collector, and make return of such warrant to the said au- 
ditor, and pay the amount collected, after deducting his commis- 
sions and fees into the state treasury within forty days from the 
issuing of such warrant : provided, that if any warrant issued by 
the auditor shall be lost or destroyed, the auditor shall issue a du- 
plicate warrant, bearing date at the time of issuing the same. 
The officer or agent collecting money on any warrant issued as 
aforesaid, shall be allowed the same commissions and mileage that 
would have been allowed to the collector had he paid over the 
funds as required by law, and such fees as is allowed by law to 
sheriffs for serving executions, advertising property, &c., which 
fees shall be charg-ed and collected in like manner as fees on ex- 
ecutions are charged and collected.* 

§ 20. The coroner or agent to whom any warrant shall be 
issued in pursuance of this act, shall indorse thereon the facts in 
the case, and if it shall appear that the w hole or any part of the 

* Kepealed. 



DIV. 5.] COLLECTION. 189 

sum due remains unpaid, and that the collector has no goods and 

chattels, lands or tenements in his county, out of which to make 

the amount remaining due, or any part thereof, the auditor shall 

cause suit to be commenced on the bond of such collector, at the Bond to bo sued. 

first term of the supreme court held at the seat of government, or 

of the Sangamon county circuit court, thereafter.* 

§ 21. In all cases where special agents are appointed, as pro- Agent to give 
vided for in the foregoing sections, the auditor shall require such ^°'^'^* 
agents to file with the clerk of the county court of the proper 
county a bond, with one or more securities, to be approved by the 
county judge, in a penal sum of at least double the amount to be 
collected and made payable to the people of the state of Ilhnois, 
and conditioned for the faithful performance of the duties required 
of him by this act. And if any sheriff or coroner shall neglect or 
refuse to comply with the requirements of this act, he shall be liable, 
on his official bond, for all damages caused by such refusal or Penalty, 
neglect, and if any sheriff or coroner shall knowingly make a 
false return on any warrant issued by the auditor as aforesaid, he 
shall be deemed guilty of perjury, and shall be punished accord- 
ingly. Agents appointed to execute any warrant issued by the 
auditor, as provided for by this act, who may file bond and accept 
such appointment shall be entitled to like compensation, and shall 
be liable to like penalties as the sheriff* or coroner. And if any 
sheriff*, coroner or agent shall collect moneys due the state, and 
fail or neglect to pay the same into the state treasury as required ^°*'"^**^^*°^' 
by law, he shall pay for the use of the state, t|h per cent, per 
month damages, from the time he should have \. paid over said 
money until paid : provided, that in case of sickness', or other rea- 
sonable excuse, to be verified by the oath of the person so failing Penalty, 
to pay, and the payment being made within a reasonable time, the 
auditor may remit such damages. But if such coroner or agent 
shall apply or use any funds collected by him and belonging to the 
state, for his own benefit, or the benefit of any other person, or in 
any other way or manner than is provided for by law, such coro- 
ner or agent shall be deemed guilty of embezzlement, and on con- 
viction thereof shall be punished accordingly.* 

§ 22. The auditor of public accounts shall file the list of de- Duty of auditor 
linquent lands upon which the taxes remain due and unpaid, and S^q^^uent"]^? ^ 
shall add to the amount of tax charged on each tract ten cents, to 
be collected and paid into the state treasury. Any person desir- 
ing to pay the taxes due on said lands may pay the same into the 
state treasury at any time before the first day of August next after 
the said taxes become due. If the taxes on any such lands shall 
remain due and unpaid after the first day of August aforesaid, the 
auditor shall add fifty per cent, on the amount of taxes due on each 
tract to said taxes, and the aggregate thereof shall be charged and 
collected. Any person may redeem said lands by paying the 
amount charged as aforesaid into the state treasury, at any time 
before the first day of November thereafter.* 

§ 23. On- the first day of November, annually, or as soon there- ^'^^^}^ *'^°^ 

* Repealed, 



190 



REVENUE. 



[diy. 5. 



"Duty of county 
treasurer. 



Tax received 
noted. 



after as practicable, the auditor of public accounts shall make out 
and transmit by mail to the clerk of the county court, to be filed 
in the office of said clerk, a correct list of all lands which had been 
returned as dehnquent and upon which the taxes remained unpaid 
on the first day of November.* 

§ 24. The collector shall add fifty per cent, on the taxes re- 
maining due at the time of filing the hst with the clerk and — for 
which he may be allowed to credit — to the tax charged on each 
tract of land, and the aggregate thereof shall be collected and paid 
over to the state and county, according to the rate of taxation for 
that year. Any person desiring to redeem or pay the taxes on 
such lands in the county after the first day of May, may do so by 
paying the amount charged as above set forth to the collector, at 
any time before the first day of November thereafter, "\^^len said 
collector shall receive the tax on any tract of land or town lot, 
subsequent to the first day of May aforesaid, he shall set forth the 
amount so received opposite the tract or lot so redeemed, in a col- 
umn provided for that purpose, and shall note the day of such pay- 
ment opposite such tract or lot on the hst of delinquent lands and 
lots aforesaid, and shall file said lists with the clerk on or before 
the first day of November aforesaid. * 

§ 25. The clerk shall carefully compare the delinquent list 
returned by the auditor with the list returned by the collector, and 
if there be any lands or lots upon which the taxes have not been 
paid he shall add the amount due thereon to the tax due on such 
lands and lots foi^the next succeeding year, and shall make out a 
true and correct hst of such lands and lots, which shall be deliv- 
ered to the collector with the tax books of the current year, or as 
soon thejreafter as practicable ; and the said collector shall collect 
the taxes thereon by sale of otherwise.* 

§ 26. When any person owning lands or town lots in any 
county in this state, shall fail to pay the taxes assessed thereon, as 
provided for in the foregoing sections, it shall be the duty of the 
collector to publish an advertisement in some newspaper published 
in his county, if any such there be, and if there be no such paper 
printed in his county, then in the nearest newspaper in this state, 
which advertisement shall be once pubhshed at least four weeks 
previous to the term of the county court at which judgment is 
prayed ; and said advertisement shall contain a list of the dehn- 
quent lands upon which the taxes remain due and unpaid, the 
names of owners, if known, the amount due thereon, and the years 
for which the same are due ; and shall give notice that he will ap- 
ply to the county court, at the term thereof, for judgment 



List to be com- 
pared. 



Collect bv sale. 



Delinqtient lands 
and to^ra lots to 
be advertised for 
sale, in a nev>'s- 
paper. 



What advertise- 
ment shall con- 
tain. 

Notice of applica- 
tion for judg- 
ment. 



Notice of time of 
eale. 



against said lands for said taxes, interest and cost, and for an order 
to sell said lands for the satisfaction thereof; and shall also give 
notice, that on the first Monday next succeeding the day fixed by 
law for the commencement of the said county court, all the lands 
for sale of which an order shall be made, will be exposed to pub- 
lic sale at the place of holding court in said county, for the amount 
of taxes, interest and cost due thereon j and the advertisement 

* Repealed. 



DIV. 5.] COLLECTION. 191 

published according to the provisions of this section shall be deemed 

and taken to be sufficient and legal notice both of the intended ap- Shaii be deemed 

plication of the collector to the county court for judgment, and also of ^^^^^ ^°*^^^" 

the sale of lands under the order of said court : provided, that if 

the publisher of such paper shall be unable or unwilHng to publish proyiso : other 

said list and notice accurately and proper, the collector shall select p^^p^JL"^*^-^ ^ 

some other newspaper, having due regard to the circulation of such 

paper. 

§ 27. Hereafter no purchaser of any land or town lot, at any ^^J^^J^J^"^^ 
sale of lands or town lots for taxes due, either to the state or any 
county or incorporated town or city within the same, or at any sale Deed not given 
for taxes or levies authorized by the laws of this state, shall be compUed witiT 
entitled to a deed for the lands or town lots so purchased, until he 
or she shall have complied with the following conditions, to wit : Purchaser to 
such purchaser shall serve or cause to be served a written notice 
of such purchase on every person in possession of such land or 
town lot, at least three months before the expiration of the time of 
redemption on such sale ; in which notice he shall state when he ^J^g^^ "°*^^® 
purchased the land or town lot, the description of the land or lot 
he has purchased, and when the time of redemption will expire. 
In like manner he shall serve on the person or persons in whose shaii likewise 
name or names such land or lot is taxed, a similiar written notice, Jf^^e written co- 
if sudii person or persons shall reside in the county where such 
land or lot shall be situated; and in the event that the person or iSiotice when pub- 
persons in whose name or names the land or lot is taxed do not re-jj^J^^"^^^^^ 
side in the county, such purchaser shall publish such notice in some 
newspaper printed in such county, and if no newspaper is printed 
in the county, then in the nearest newspaper that is published in 
this state to the county in which such lot or land is situated ; which Notice inserted 
notice shall b^ inserted three times, the last time not less than ^^^"^"^ *™*^*' 
three months before the time of redemption shall expire.^ Every Purchaser or 
such purchaser, by himself or agent, shall, before he shall be en-as?nttomake 
titled to a deed, make an affidavit of his having complied with the tain deed. 
conditions of this section, stating particularly the facts relied on as 
such compliance f which affidavit shall be delivered to the person AsidaTit to be 

* Form of Notice to he given hy Purchaser at Tax Sale^ to entitle him to a 

deed. 
To John Jo7ies, or whom it may concern : 

You are hereby notified that at a sale of lands for state and county taxes, 
{state for what taxes) made in pursuance of law in the county of Lake, and 
state of lUinois, on the — day of , A. D. ] ^ — , I purchased the follow- 
ing described lands, {or town lots as the case maij bt ; here describe the lands) 
and that the time of the redemption thereof, from said sale will expire on 

the— day of , A. D. 18—. 

F. Kelly. 

Dated at Waukegan^ Illinois, this , day of, &c. 

2 Form of Affidavit to he made hy Purchaser at Tax Sale hef<yre entitled to deed. 
State of Illinois, 
IjaTce county, 

F. Kelly, being duly sworn, doth depose and say : that at a sale of lands 



filed. 



192 REVENUE. [DIV. 5. 

anthorized by law to execute such tax deed, and which shall by 
him be filed with the officer having custody of the record of the 
lands and lots sold for taxes and entries of redemption in the 
county where such lands and lots shall lie, to be by such officer 
entered on the records of his office, and carefully preserved among 
Afflda-nt priwa i\^q £igg Qf j^jg office, and which record or affidavit shall be prima 

facie eTidence of . ' . i i • i * -^ 

notice. jacie evidence that such notice has been given. Any person 

Punishment for swcaring falsely in such affidavit shall be deemed guilty of perjury, 
peijury. ^^^ punished accordingly. In case any person shall be compelled 

amTexpenseshow Under this scction to publish a notice in a newspaper, then, before 
i-ecoyered. any person who may have a right to redeem such lands or lots from 

such tax sale, shall be permitted to redeem, he or she shall pay the 
officer or person who by law is authorized to receive such redemp- 
tion money, the printer's fee for publishing such notice and the ex- 
fec«^pub£i^ penses of making and filing the affidavit : provided, that the fee 
tion. for such publication, where the notice does not include more than 

four tracts or lots, shall not exceed one dollar ; and when the 
notice contains more than four tracts or lots, then the printer shall 
be allowed twenty cents for each additional tract, and five cents for 
each additional town lot contained in such notice.^ 
In case of death § 28. Ill case of the death of any collector during the time the 
to tekrbSk^!^^^ tax books are in his hands, and before the time specified in this 
act for making settlements, the clerk of the county court shall 
demand and take charge of the tax books, and shall appoint one 
or more competent persons to examine said tax books, and it vshall 
be the duty of the persons so appointed to ascertain the amount 
remaining uncollected, and make out a correct abstract of the same : 
Proviso. provided, that should there be but a smivli portion of the taxes 

(or toion lots as the case may be) made in the county aforesaid, at the place of 

holding court therein, on the — day of , A. D. 18 — , for state and county 

taxes, {or, as the case may he,) he purchased the following described tract of 

land: {here describe the land) that he did, on the — day of , A. D. 18 — , 

cause a written notice of such purchase to be served upon A. B., then in 
possession of such land, and that' the following is a copy of such notice : 
{here insert copy of notice) that John Jones, in whose name said land was 
assessed, does not reside in said county of Lake, nor did not at the time of 
serving such notice ; that this deponent thereupon caused such notice to be 
puWished in the ^'Chronicle and Advocate,'''' a newspaper printed in the said 
county of Lake, which said notice was published three times in said paper ; 

the first insertion being on the — day of , A. D. 18 — , and the last on 

the — day of , A. D. 18 — ; that he relies upon the foregoing facts; as 

compliance with the law entitling him to a deed of said parcel of land. 

F. Kklly. 
Subscribed and sworn to before me, ) 

this — day of , 18—. j" 

H. P. Nelson, Justice of the Peace, 

(1) The sheriff is the proper officer to execute tax deeds. See act npon this subject, pMt 
p.^000. 

(2) The following cases are referred to on the subject of tax titles ; Canet r. Wiggins, 1 
Scan., 355. Chateau v. Jones, 11 llls.,\300. Frys v. Bank of Illinois, Id., 367. Irving v. 
Brownell, Id.,^2. Curry y. Hinman, Id., ^d. Scaritt t. Chap7nan, Id., M3. Spdlman 
T. Curteniue, 11 Ills., 409. Chestnut v. Marsh, Id., 173. Yoris v. Thomas, Id., 442. Fitkin 
T. y<w, 13 Ills., 25L Blakely T. Bestor, Id., 257. Merritt v. Thompson^ Id., 716. 



DIY. 5.] COLLECTIONS. 193 

collected at the time of the death of the collector, then the amount 
actually collected shall be ascertained, and the same books used in 
completing the collections. 

§ 29. In case of a vacancy, as mentioned in the foregoing sec- Vacancy by death 
tion, the board of supervisors may appoint a suitable person to 2ied.^*^^*°^' ^"'^ 
complete the collections, who shall execute a bond, collect and pay 
over the taxes in the same manner, and his acts shall be as bind- 
ing and effectual as the collector's would have been had he com- 
pleted the collections ; and the collector so appointed may obtain 
judgment at any regular term of the county court, and sell delin- 
quent lands and lots in like manner as the collector would have 
been authorized to do had he completed such collections : provided, 'PtowIso. 
that if the collector had advertised the dehnquent land list before 
his death, it shall not be necessary for his successor, or the person 
appointed to complete the collections, to advertise, but he shall 
proceed to finish the collections in the same manner as the collector 
would have been authorized to do had he lived. 

§ 30. All suits or applications for judgment, and order of sale Judgment and 
for taxes an delinquent lands and town lots shall be made at reg- ^'^H s^uaiTbe^at 
ular terms of the county court, and the sale shall be made at the regular terms of 
time specified in the notice, whether the court remain in session or ^°"^ " 
not. If for any cause the court shall not be holden at the term at 
which judgment is prayed, the cause shall stand continued, and it in case of con- 
shall not be necessary to re-advertise the list or notice required by tinuance, judg- 

1 iT-Tip'i 111 1 mentatnext 

law to be advertised beiore judgment and sale ; but at the next term, 
regular term thereafter the court shall hear and determine the 
matter, and if judgment is rendered, the sale shall be made at the 
same time and in like manner as it would have been made if the 
suit had been commenced at that term. 

§ 31. The printer pubhshing the list of dehnquent lands and Pinter to send 
town lots, shall transmit by mail, or other safe conveyance, to the couSor.^^^^^ *" 
collector four copies of the paper containing said hst. Upon the 
receipt of said paper, and on demand being made, the collector Collector to pay 
shall pay to the printer the amount of the fees allowed by law for ^^^^^^^ ^ ^^^^• 
publishing said lists and notice ; and it shall be his duty to file one Papers to be filed 
copy of said paper in his ofhce, and deliver one copy to the clerk 
of the county court, and one to the auditor of pubUc accounts, and 
one copy to the state treasurer, who shall file and safely preserve 
them in their respective offices : provided, that if said publication Proviso : pay- 
is not made in accordance with the requirements of the law, or the Syed.°^ ^^^^ ^^ 
papers above mentioned are not furnished the collector before the 
first day of the term of the court at which judgment is prayed, 
the collector shall not pay said fees until they are collected by 
Iiira. 

§ 32. If any collector shall refuse or neglect to pay the amount Printer may sue 
due the printer, as required by this act, it shall be competent for *^^ ^^^• 
the printer to collect the same in an action of debt against such 
collector. 

§ 33. The collector shall file the list of delinquent lands and Collector file list 
town lots, which shall be made out in numerical order, and contain °^ <ieiinquent 
13 



194 



REVENUE. 



[DIT. [:. 



lands for judg- 
ment. 



list to "be re- 
corded. 



Form of record 
of delinquent 
list. 



all the information necessary to be recorded, with the clerk of the 
county court, at least five days before the commencement of ibe 
term at which application for judgment is to [be] made, and said 
clerk shall receive and record the same in a book to be kept for 
that purpose ; which said book shall be ruled and headed as near 
as may be in the following form : 

A list of lands and town lots reported by , collector of the revenue 

for the year 18 — , upon which he has been unable to collect the taxes due there' 
071, and note, on this — day of , 18 — , files this his petition, for a judg- 
ment and order of sale against said lands and lots at the term, 18 — , 

of the county court. 



Clerk to make 
record of lands 
against which 
judgment is ren- 
dered. 



What record 
shall set forth. 



Record attested, 
to constitute 
process. 



Clerk to enter 
lots sold. 



To enter re- 
demption. 



Book how ruled. 



Owner's Name. 






The clerk of the county court shall, before the day of sale, make 
a correct record of the lands and town lots against which judgment 
is rendered in any suit for taxes due thereon, and which shall set 
forth the name of the owner if known, the description of the prop- 
erty, and the amount due on each tract or lot, in the same order as 
said property may be set forth in the judgment book, and shall 
attach thereto a correct copy of the order of the court, and his cer- 
tificate of the truth of such record ; which record, so attested, shall 
hereafter constitute the process on which all real property shall be 
sold for taxes, as well as the sales of such property. \\Tien any 
tract of land or town lot shall be sold, it shall be the duty of the 
clerk to enter on the record aforesaid the quantity sold, and the 
name of the purchaser, opposite such tract or lot, in the blank 
columns provided for that purpose, and M^hen any such property 
shall be redeemed from sale, the clerk shall enter the name of the 
person redeeming, the date and amount of redemption, in the proper 
columns. Said book shall be so ruled that there shall be suitable 
blank columns for entering the quantity or portion of each tract or 
lot tliat may be sold, the name of the purchaser, and such other 
columns as may be deemed necessary. 

s 34. On the firet day of the term at which judgment on delin- 



DIV. 5.] COLLECTIONS. 19.! 



Collector to re- 
port to clerk sub- 



quent lands and town lots is prayed, it shall be the duty of the col 

lector to report to the clerk a Hst of all the lands or town lots, as ^"quent'^Jay-^ 

the case may be, upon which taxes have been paid, if any, from meats of taxes. 

the filing of the list mentioned in the foregoing section up to that 

time ; and the clerk shall note the fact opposite each tract upon 

which taxes have been paid. The collector, assisted by the clerk, 

shall compare and correct said list, and shall make and subscribe ^^^^*^ °^ '^^' 

an affidavit, which shall be, as near as may be, in the following form : 

'< I^ ^ collector of the county of , do solemnly swear (or Form of affidaTit 

affirm, as the case may be,) that the foregoing is a true and correct record of collector. 

of the delinquent lands and town lots within the county of , upon 

which I have been unable to collect the taxes as required by law for the 
year or years therein set forth ; that said taxes now remain due and unpaid, 
as I verily believe." 

Said affidavit shall be entered on the record at the bottom of the Affidavit entered 
list, and signed by the collector ; the oath may be administered by ^^ ^'^*- 
the judge, clerk, or any justice of the peace, who shall attest the 
same.^ 

§ 35. The court shall examine said list, and if defence or ob- Court to examine 
jection be ofliered by any person interested in any of said lands or tlL I J summar^" 
lots to the entry of iudorment aorainst the same, the court shall y^ ; ^"<^ sive 

_ 11*^., ? • 1 judgment. 

near and determine the matter m a summary manner, without 
pleadings, and shall pronounce judgment as the right of the case 
may be, and shall direct the clerk to make out and enter an order 
for the sale of such real property, which shall be substantially in 
the following form : 

^^ Whereas, due notice has been given of the intended application for aporm ofordercf 
judgment against said lands, and no owner hath appeared to make defence eole for taxes. 
or show cause why judgment should not be entered against the said lands for 
the taxes, interest and cost due and unpaid thereon for the year or years 
herein set forth, therefore it is considered by the court that judgment be and 
is hereby entered against the aforesaid tract or tracts of land, or parts of 
tracts, (as the case may be,) in favor of the state of Illinois, for the sum an- 
nexed to each tract or parcel of land, being the amount of taxes, interest 
and costs due severally thereon ; and it is ordered by the court that the said 
several tracts of land, or so much thereof as shall be sufficient of each of 
them to satisfy the amount of taxes, interest and costs annexed to them sev- 
erally, be sold as the law directs."^ 

§ 36. Said order shall be signed by the judge, and shall have Judge to sign 
the same effect as judgments and orders made by the circuit court. °'^'^*'^°^^®- 
Persons aggrieved by any decision of the county court in such 
cases, shall have the right of appeal to the circuit court, by giving 
bond and security, payable to the people of the State of Illinois, 
as required in cases of appeals. 

§ 37. The clerk of said court shall, within five days after any cierk tomake 
sale for taxes, make out and deliver to the collector a transcript coue^toir^tmn 
of sales for taxes, which shall be written on foolscap paper, made cript of sale. 
up and stitched in book form, suitable for binding. Said collector 

(1) Taylor v. The People, 2 Gibn., 349. 

(2) Rigg V. Cook, 4 GUrn., 336. Olcott v. Tfu State. 5 GUm., 481. 



196 REVENUE. [my. 5. 

shall deliver said transcript to the auditor at the time he is required 
to make settlement for the state tax. 
Lands forfeited § 38. Every tract of land or town lot offered at public sale 
of biddeS! ''''''* fo^ the taxes due thereon, and not sold for want of bidders, shall 
be and the same is hereby declared to be forfeited to the state of 
Illinois. 
Clerk to certify § 39. If any lands or town lots shall be forfeited to the state 
stot? ^°^'^"*'*'^ *° foi* taxes, it shall be the duty of the clerk of the county court to 
certify to the auditor of public accounts the assessed value thereof. 
Auditor to credit and the amount of tax charged thereon ; and the auditor shall 
coUector. credit the collector with the amount of state tax due on said prop- 

erty, and the board of supervisors shall allow him credit for the 
printer's fees and county tax thereon. 
Forfeited lands § 40. If any pcrsou shall desire to redeem any tract of land 
iiow redeemed, ^j. ^own lot forfeited to the state, he shall apply to the clerk of the 
county court, who shall issue his order to the collector, directing 
him to receive from such person the amount due on said tract or 
lot, particularly describing the property and setting forth the amount 
due, including the printer's fee ; and upon presentation of said order 
to the collector he shall receive said amount, and give the person 
duplicate receipts therefor, setting forth a proper description of the 
property and the amount received, one of which shall be counter- 
signed by the clerk, and when so countersigned shall be evidence 
of the redemption of the property therein described; but no such 
receipt shall be valid until it is countersigned by the clerk. The 
other receipt shall be filed by the clerk in his office, and said clerk 
Sale to bo cancel- shall cancel the sale of the property so redeemed on the books in 
^^''^' his office, and charge the amount of the redemption money to the 

collector. 
Clerk to report § 41. It shall be the duty of the clerk of the county court, 
on fcrfeite'd prop- annually, whcu he makes return of the amount of taxes levied, to 
trty. report the amount due the state on such forfeited property, to the 

auditor of public accounts, who shall charge the same to the col- 
Proviso, lector: provided, that if the collector who received said redemption 
money shall be succeeded in office, he shall pay the amount in his 
hands over to his successor, who shall pay said amount into the 
state treasury when he settles for the taxes of the current year. 
Amount due first § 42. The amount due on lands and lots, and remaining unpaid 
beaddeTto'tax ^n the first day of November, shall be added to the tax of the cur- 
of current year, rent year, and the amount thereof shall be reported against the 
collector with the amount of assessment for said year; said collector 
Collector to cai- shall coUcct and pay over the said amount in like manner as other 
imoSSJiETJthlf taxes, and he is hereby authorized to advertise and sell said prop- 
taxes and to ad- erty in the same manner as if said property had never been for- 
Tertise and seu. ^^.^^^ ^^ ^^^ ^^^^^ g^.^ additions and sales shall be continued 

from year to year until the taxes on said property is paid by sale 
Proviso: sale of or Otherwise: provided, that at the regular sale in the year 1855, 
forfeited proper- .^^^ every five years thereafter, all the property previously forfeit- 
ed and remaining unredeemed, shall be sold to the highest bidder, 



PIY. 5.] COLLECTION. 197 

but not for a greater sum than is due thereon, including costs, &c., 
and the former sales of such property as will not sell shall be can- 
celed : provided, that if any person shall offer to pay the taxes, Proviso, 
interests and costs due on forfeited property for a less quantity than 
the whole tract or lot, then such property shall be sold to the per- 
son offering to pay the amount due thereon, for the least quantity 
or part thereof 

§ 43. Real property sold under the provisions of this act may Real property 
be redeemed at any time before the expiration of two years from ^l^oy^S!^^ 
the date of sale, by the payment in specie, to the clerk of the county Redemption how 
court of the proper county, of double the amount for which the ™^^*^' 
same was sold, and all taxes accruing after such sale, with ten per 
cent, interest thereon from the day of sale, unless such subsequent 
tax has been paid by the person for whose benefit the redemption 
is made; which fact may be shown by the collector's receipt: ^ro- Proviso as to 
vided, that if the real property of any minor heir, feme covert or ^^^ers! ^^^ 
lunatic, be sold for taxes, the same may be redeemed at any time 
within one year after such disability be removed, upon the terms 
specified in this section, which redemption may be made by their 
guardians or legal representatives. 

§ 44. The securities on any bond given in pursuance of this Securities on offi- 
act, or either of them, may at any time after the execution of said may te^reieaS. 
bond, if they, or either of them, have good reason to believe that 
the officer in said bond is about to fail to comply with the conditions 
thereof, file with the clerk of the county court a notice in writing, 
verified by the person asking to be discharged, setting forth the 
facts in the case, and asking to be released from any further liabil- 
ity on said bond ; whereupon the clerk with whom such notice shall 
be filed, shall notify the said officer to give additional security, equal Additiouai secu- 
to the security about to be approved by the board of supervisors, " ^ '^'^^^^^^ ■ 
which notice may be served by the said clerk, or by any person 
appointed by them, or either of them. If the officer so notified ^5"°^^ ^^"^ 
shall not appear and give additional security within two days from 
the time he may be so notified, the board of supervisors may re- 
move him from office, and in all such cases said board shall appoint 
some suitable person to fill the vacancy occasioned by such removal, 
who shall execute bond, qualify and perform the duties required as 
such officer: provided, that if the securities on any collector's bond, Proviso. 
or either of them, shall be satisfied that such collector is making 
improper use of the funds collected by him, or has absconded or is 
about to abscond, from this state, whereby said securities may be- 
come liable to pay any sum or sums of money, it shall be lawful 
for said security to sue out a writ of attachment against the goods "^^en securities 
and chattels of such collector, in like manner as he would be author- ™r?t of aMach-"*^ 
ized to do if said Collector was personally indelited to such security, meat again^^t 

1 J.1 n 1 IT 1 n -1 . T . *' pnucipal. 

and the money collected on any such attachment shall be paid into 
the treasury by the officer collecting the same, in like manner as 
if paid over by the collector. 

§ 45. If any real property shall be double assessed, or assessed Erroneous taxes 

may be refunded. 



198 



EEVENUE. 



[div. 5. 



before it become taxable, and the taxes so erroneously assessed 
shall have been paid, the board of supervisors on application of 
the person paying the same or his agent, and being satisfied of 
the facts in the case, shall cause said taxes to be refunded fro rata 
by the state and county ; and if any collector shall receive the 
taxes properly due on any real property and shall afterwards sell 
such property for said taxes, he shall refund to the purchaser 
thereof, if application be made within two years from the date of 
said sale, double the amount of purchase money. Any collector 
neglecting or refusing to pay as required by this section, shall be 
liable to the county in an action of debt, in any court having juris- 
diction of the amount of said debt : ■provided^ that the county and 
the state shall refund, in case of erroneous sales heretofore made, 
as provided for by the laws in force at the time of such sales. 

§ 46. If any collector shall have paid, or may hereafter pay 
into the state treasury, any greater sum or sums of money than is 
or may be legally and justly due from such collector, after deduct- 
ing abatements and commissions, the auditor shall issue his war- 
rant for the amount so overpaid, which shall be paid out of the 
fund or funds so overpaid, on the warrant of the auditor. 

§ 47. The board of supervisors shall have power to levy a tax 
in their respective counties for county })urposes, but shall in no case 
exceed the amount of four mills on each dollars' worth of taxable 
property, unless specially authorized by law ;^ and said county tax 
shall be levied at the September meeting of said board, or as soon 
thereafter as practicable, and collected with the state revenue. 
The same lien created to secure the state tax, and the provisions 
made for the collection thereof, shall also exist and apply to the 
county revenue. 

§ 48. Suits commenced by the auditor, as provided for in this 
act, shall not abate for the want of service on one or more of the 
defendants, but judgment may be rendered against such of said 
defendants as may have been legally notified : 'provided, that suits 
may be prosecuted against the defendants not included in said 
Proviso: condi- lud^ment at any subsequent term of said court : provided further, 

tioaof bonds not •', » , . / n k- ,- in , , ^ i 

changed. that the provisions ot this section shall not be so construed as to 

change the conditions of any bond executed i)rior to the passage 
of this act on suits in favor of the state, and against collectors or 

State to pay feos. other persons indebted to the state. The state shall pay hke fees 
as are or may be allowed by law in suits between individuals, and 
in all cases when the state is plaintiff she shall advance and pay 
such fees, in like manner as individuals are required to advance 
and pay fees. And when the state becomes the purchaser of real 
property sold on execution for any debt due the said state, the 
officer selling such real estate shall be entitled to like com- 
missions as he would have been entitled to had such prop- 
erty been purchased by individuals. Said fees and commissions to 
be paid on the warrant of the auditor out of any money in the 
treasury not otherwise appropriated ; and when such fees are col- 



Penalty for refu- 
sal to refund. 



Proviso. 



Oyer payments 
by collector re- 
funded. 



County tax levied 
by board of su- 
pervisors. 



County taxes to 
bo iien. 



Suits not to abate 
for want of ser- 
vice on all de- 
fendants. 

Proviso. 



Commissions to 
officers allowed 
by state. 
How paid. 



(1) Amended, increased to five mills. See ante, p. 62, sec. 27. 



l>iy. 5,] COLLECTION. 190 

lected they shall be paid into the state treasury. So much of this Suita heretofore. 
section as relates to fees shal] apply to suits heretofore prosecuted, 
as well as to suits that may hereafter be commenced and prose- 
cuted. 

§ 49. The assessment shall be alien on the personal property Aaaessment alien 
of all persons owing taxes from and after the time the assessment ^^y!"^™^ ^™^" 
books are received by the collector, for the state and county tax 
due thereon, and no sale or transfer of such property shall effect 
the claim of the state or county, but the said property may be subsequent faie 
seized by the collector wherever found, and removed, if necessary, ^°' *° '^^^ ^*^"- 
and sold to discharge the taxes of the person owning the same at 
the time of such assessment, together with the costs and charges of 
collection. 

§ 50. Whenever the taxes on the same property shall have Taxes paid more 
been paid more than once, for the same year, by different claim- Sr°toma^ke*ro- 
ants, the collector shall make a return to the clerk of the county tum thereof. 
court of all such surplus taxes so received by him, together with 
the names of the several claimants thus paying ; and the clerk cierktoretum to 
shall make a record of all such cases, and transmit a copy thereof ^^ '°^* 
to the auditor of public accounts, who shall charge such collector 
with the portion of such surplus taxes belonging to the state ; but 
such surplus tax shall in no case be refunded. 

§ 51. Whenever any person shall pay the taxes charged against Payment to be 
him, the collector shall enter such payment in his list, and give the *^^'^^^*^'^ °° ^'• 
person paying the same a receipt, specifying the name of the per- collector to give 
son for whom paid, the amount paid, what year paid for, and the ^"^'^^^P^- 
property on which the same was assessed, acording to its descrip- 
tion on the assessment list. 

§ 52. The collector shall attend at the court house in his county collector to at- 
on the day specified in the notice for the sale of real estate for S^'^for^^^e^^'^ 
taxes and then and there, between the hours of ten o'clock in the 
forenoon and six o'clock in the afternoon, proceed to offer for sale, 
separately, each tract of land or town lot in the said list on which 
the taxes and costs have [not] been paid. 

§ 53. The person at such sale offering to pay the taxes and saio to list for 
costs charged on each tract or lot, for the least quantity thereof, -J^^iiest quan- 
shall be the purchaser of such quantity, which shall be taken from ^ ^ ' 
tlie east side of such tract or lot. 

§ 54. The collector shall continue such sale from day to day, Sale continued 
until all the tracts of land or town lots contained in the delinquent ^"^^"^ "^'^^ ^ ^^• 
list on which taxes and costs remam unpaid, shall be sold or offered 
for sale. 

§ 55. The person purchasing any tract of land or town lot, or Purchaser to pay 
any part thereof, shall forthwith pay to the collector the amount ^™"T^^^t bid. 
of taxes and costs charged on said tract or lot, and on failure so to ws^e-^offS. 
do, the said land or lot shall be again offered for sale in the same 
manner as if no such sale had been made ; and in no case shall 
the sale be closed until payment is made. 

§ 56. The collector shall obtain a copy of the advertisement Advertisement 
of the delinquent lands and lots, together with a certificate of the *'''^ ''^'^'"''^^ ^'^ 



200 REVENUE. [dI\-. 5, 

publisher to be due publication thereof, from the printer or publisher of the news- 
^^^^- paper in which the same shall have been published, and shall file 

the same with the clerk of the county court, on or before the first 
day of the term at which judgment is prayed. 
Letters and fig- § 57. In all advertisements for the sale of lands for taxes, and 
script^ons/"^ ^' in entries required to be made by the clerk of the court, or other 
officer, letters and figures may be used, as they have heretofore 
been used, to denote townships, ranges, sections, part of sections, 
the year for which the taxes were due, and the amount of taxes, 
interest and costs. 
Clerk to give cer- § 58. The clcrk shall make out and deliver to the purchaser 
chas^e*^.*^ ^^ ^"^' of any lands or lots sold for the payment of taxes as aforesaid, a 
Countcrsisned Certificate of purchase, to be countersigned by the collector, describ- 
by coUector. j^g ^j^g land or lot sold as the same was described in the delin- 
quent Hst, the amount of taxes and costs for which the same was 
One certificate for ^^^^' ^'^^ *^^^^ payment has been made therefor. If any person 
seyerai tracts, shall become the purchaser of more than one tract of land or lot, 

he may have the whole included in one certificate. 

Certificates as- § 59. Sucli certificate of purchase shall be assignable by in- 

dSsemen^^ ^^' dorscment, and an assignment thereof shall vest in the assignee, 

or his legal representatives, all the right and title of the original 

purchaser. 

Sale not affected § 60 No salc of real estate for taxes shall be considered invalid 

of owner. '^^^^ on account of the same having been charged in any other name 

than that of the rightful owner, if the said real estate be in other 

respects sufficiently described, and the taxes thereon w^ere due and 

unpaid at the time of such sale. 

Clerk's books evi- § 61. The books and records belonging to the office of the 

denceof sale. clerk of the county court, or copies thereof, certified by said clerk, 

shall be deemed sufficient evidence to prove the sale of any land 

for taxes the redemption of the same, or payment of taxes 

thereon. 

Erroneous sales § 62. Wlicncver it shall be made to appear to the satisfaction 

by cierk.^"''^^^'^ of the clcrk of the county court, before the execution of a deed 

for lands or lots sold for taxes, or if the deed be returned by the 

purchaser, that any tract or lot was sold, which was not subject to 

be taxed, or upon which taxes had been paid previous to the sale, 

he shall make an entry opposite to such tracts or lots on the list of 

sales, that the same was erroneously sold, and such entry shall be 

evidence of the fact therein stated. 

Redemption re- § 63. The receipt of the redemption money of any tract of 

cdpt vacates ^^^^ ^^ ^^^^ ^^ ^^^^ purchaser, shall operate as a release of aU 

claim to such tract or lot, under or by virtue of the purchase. 

Purchaser allow- § 64. If any purchaser of lands sold for taxes shall suffi^r the 

iofd^ajfin'^ex- samc to be again sold for taxes before the expiration of two years 

tends time for from the date of his or her purchase, such purchaser shall not be 

^^^^' entitled to a deed for the land until the expiration of two years 

from the date of the second sale ; during which time the land shall 

be subject to redemption upon the terms and conditions prescribed 

in this act, but the person redeeming shall only be required to pay. 



DIY. 5.] COLLECTION. 201 

for the use of such first purchaser, the amount paid by him, and 
double the amount paid by the second purchaser. 

^ Q5. If any collector, by himself or deputy, shall fail to attend Neglect of coi- 
any sale of lands advertised according to the provisions of this act glie^^forfeiS. 
and make sale thereof as required by law, he shall be liable to pay 
into the state and county treasury the amount of taxes and costs 
due upon the lands and lots so advertised, in the same manner as 
if they had been sold : provided, that he may afterwards advertise Proviso; may 
and sell such delinquent property to reimburse himself for the ^^^^ advertise. 
amount advanced by him ; but at no such sale shall there be any 
property forfeited to the state. 

% Q6. No collector or treasurer shall, either directly or indi- Collector or treas- 
rectly, be permitted to take, buy, shave or receive, be himself or or shave war-^^ 
agent, any auditor's warrant or warrants, or any county order, or ^^^^^ ^r orders. 
jury certificate, at less than the full amount due thereon. 

§ 67. On the first day of January next after taking the census Secretary of state 
in the state, or as soon thereafter as the returns- of said census may make report to 
be made to the office of the secretary of state, it shall be the duty •"^};\'?\'^o^" ^^ "^^^^ 
of said secretary to make out and deUver to the auditor a correct 
statement of the number of white children in each county in this 
state, twenty years of age and under ; the truth of said certificate 
shall be certified to by said secretary, and thereupon, under the To be certified, 
supervision of the commissioners of the school fund, the auditor 
shall make a dividend to each county of the interest due upon the 
school, college and seminary fund, in proportion to the number of school fund to be 
persons in each, of the age aforesaid ; and dividends shall be made '^pp°^*^°^*^'^ 
according to the proportion ascertained to be due to each county 
annually thereafter, until another census shall have been taken, and 
then apportionments shall be made and continued as aforesaid, 
according to the last census. 

§ 68. The auditor shall, within five days after ascertaining the Auditor to give 
amount due, as required in the foregoing section, make out and fJr schooimoney! 
forward by mail to the school commissioner of each county, an 
order on the collector for the amount due said county : provided, Proviso. 
that if the amount of interest due to any county shall exceed the 
amount of revenue, state tax, due from such county, then the audit- 
or shall issue an order as aforesaid for the amount of revenue that 
he beheves, from the returns of the assessment for that year, will 
be collected, and shall issue and forward with the order a warrant • 

on the treasurer for the balance of interest that may be due to such 
county, which shall be paid out of any moneys not otherwise 
appropriated. 

§ 69. On or before the first day of April, annually, or so scon collector to pay 
thereafter as the school commissioner shall present the order of the ^?^°°^ commis- 

j. , i . sioner. 

auditor, the collector shall pay to said commissioner the amount 
due thereon : provided, that if the said collector has not collected Proviso to pay 
a sufficient amount of state revenue to pay said order, and shall feTeT* ''''^" 
make oath of that fact, then he shall pay the amount he has col- 
lected, and shall pay the remainder on or before the fifteenth day 
of May next thereafter • but if any collector shall refuse to pay the 



202 EEYENUE. [dIV. 5. 

interest on the school fund as required by this section, and shall 

Collector refus- refusc to make oath as aforesaid, it shall be competent for the com- 

tobec(Sem:ed. Hiissioner to proceed against such collector and his securities, in an 

action of debt in the county court, which court is hereby vested 

with full power and authority to hear and determine all such suits, 

render judgment, and issue execution. Said collector shall be 

liable to pay the full amount stated in the order, notwithstanding 

he may not have collected that amount ; and if any collector shall 

pay a portion of the amount due as aforesaid, and shall fail to pay 

the remainder as required by this section, the commissioner shall 

proceed against him as above provided for. 

Collector to pay § 70. Upon ascertaining the amount due to the State from any 

to state treasury, collector, or Other person, the auditor shall give such person a 

statement of the amount to be paid, and upon the presentation of 

such statement to the treasurer, and the payment of the sum stated 

Receipt to be to be due, the treasurer shall give duplicate receipts therefor, one 

given, counter- ^f wliicli shall be filed in the auditor's office, and entered in a book 

sigued by audit- ' 

or. to be kept for that purpose, and the other shall be countersigned 

by the auditor, and delivered to the person making the payment-; 
and no payment shall be considered as having been made until the 
treasurer's receipt shall be countersigned by the auditor as afore- 
said. When the list of delinquent lands is returned by the audit- 
On return of de- or for sale, he shall certify to the clerk the amount of the county's 
dfioi^to certify.^' Proportion of the tax paid into the state treasury, and the amount 
so certified shall be paid into the county treasury out of the tax 
due from the collector to the state. 
Auditor to pre- § 71. The auditor of public accounts shall, as soon as practica- 
paro and furnish j^ig after the passa^fc of this act, prepare and transmit to the sev- 

formsandin- i i n ^ n K • • i i n i 

structions. cral county clerks all such forms and mstructions as he shall deem 

necessary to carry into effect its provisions. Said auditor shall 
Publication of cause to be printed, with the forms and instructions required by 
this act. this section, a true and correct copy of this act, and shall forward 

a sufficient number thereof for the use of the several county offi- 
cers, to the clerk of the county court of each county, who shall 
deliver the same to the proper officers. The expenses of the 
printing required by this section shall be paid for as other printing 
ordered by this general assembly is paid for. 
Feeaandcom- § 72. There shall be allowed and paid for services rendered in 
pensa^ionto pursuance of tliis act, the followino- fees and compensation: to 

clerks of county ^. . .-, ^ ' „ i • °t . i- i t ^ i t r 

court. clerks of county courts, for making hsts of delinquent lands for 

the auditor's office, three cents for each tract described in said list, 
to be paid for out of the state treasury, which shall be in full 
for comparing and correcting the collector's return of said delin- 
quent lands to his office, as well as for making the list aforesaid, 
and comparing and certifying to the list for the use of the collector. 
For making record of delinquent lands and town lots for judgment, 
including the order of court, three cents for each tract and one 
cent for each town lot. For making transcript of judgment for 
sale, three cents for each tract, and one cent for each town lot. 
For assisting the collector in selling lands and lots, twenty-five 



DIV. 5.] COLLECTION. 203 

cents for each tract, and five cents for each town lot, for which a 
certificate is given, to be charged and collected as costs. For 
making transcript of taxable real property for the assessor, two 
cents for each tract of land, and one half cent for each lot, to be 
paid out of the state treasury. For comparing the assessor's 
return with the original list of real property, extending the tax on 
each tract and lot, and adding up the aggregate amount of the 
tax thereon, two cents for each tract or subdivision, and one half 
cent from each town lot ; and for making copy of the assessment 
list for the collector, one cent for each tract, and one half cent for 
each town lot. For entering list of lands furnished by the auditor, 
in the tract books, one cent for each tract. The same fees shall be 
allowed for computing the tax on each person's personal property, 
and for copying the same, as is allowed on town lots ; all of which 
fees shall be paid out of the county treasury. The collector shall To county coi- 
be allowed for making list of delinquent lands to be filed with the ^*^''*^'^' 
c'erk, and adding up the amount of tax thereon, three cents for 
each tract to be paid out of the state treasury. For selling lands 
and town lots, ten cents for each tract, and three cents for each 
>own lot sold, to be charged and collected as costs ; but no costs 
3xcept the printer's fees shall be charged or collected on any lands 
or town lots forfeited to the state. Collectors shall be allowed a 
commission on all moneys collected, of five per cent, on the first 
eight thousand dollars, and three per cent, on all additional sums 
-^.ollected by them, to be paid by the state and county in proportion 
to the amount of state and county tax collected; and the auditor 
shall allow said collector, in his settlement, in addition to the com- 
missions aforesaid, two dollars for every twenty miles necessary 
travel, in going to and returning from the seat of government, for 
the purpose of paying over the state tax. County treasurers shall To coimty treas- 
be allowed a commission of one per cent, on all moneys, county ^^®^" 
orders and jury certificates received by them for county purposes. 
and one per cent, on all moneys paid out by them, but they shall 
not be allowed any compensation for paying moneys over to a suc- 
cessor. 

§ 73. If any officer shall fail or neglect to perform any of the Neglect of duty 
duties required of him by this act, upon being required so to do ^^' °^°®^^- 
by any person interested in the matter, he shall be liable to a fine Penalty. 
of not less than ten dollars, nor more than one hundred dollars, to 
be recovered in an action of debt in the circuit court of the proper How recovered. 
county, and may be removed from ofiice, if, in the opinion of the Removal ftom 
court before whom such suit may be tried, the circumstances °®°®' 
require such removal ; and any officer who shall knowingly violate 
any of the provisions of tliis act, shall be liable to a fine of not penalty for viola- 
less than ten dollars, nor more than one thousand dollars, to be tion of this act. 
recovered in an action of debt in any court having jurisdiction of 
the amount, and may be removed from office at the discretion of 
the court. 

§ 74. The rate of taxation for state purposes for the year A. D. Kate of taxation 



204 



EEVENUE. 



[div. 5. 



for state pur- 



Application of 
this act. 



1853, and forever thereafter, until otherwise provided by law, shall 
be two mills on every dollar's worth of taxable property, for the 
payment of the state debt, one and one-half mills on every dollar's 
W' orth of taxable property for the payment of the interest on the 
state debt, and one mill on every dollar's worth of taxable property, 
for defra}dng the expenses of the government. 

§ 75. This act shall apply to and be in force in the several 
counties adopting the act to provide for township organization, and 
shall be in force from and after its passage. 

Approved February 12, 1853. 



In force Feb. 12 

1853. 

Preamble. 



An Act to amend the Revenue Laws of this State. 
Wliereas doubts have arisen as to whether the sheriff or treasurer 
of counties that are organized under the township organization 
law should execute deeds for lands sold for taxes in said couii 
ties ; and wliereas, deeds for lands sold for taxes have been 
executed sometimes by sherijff and sometimes by county treas* 
urer ; therefore. 
Tax deeds hereto- SECTION 1. Be it enacted hy the people of the State of IllinoiSy 
represented in the General Assembly, That all deeds heretofore 
executed by any sheriff or county treasurer of the proper county 
for lands sold for taxes in counties that have adopted the township 
organization, shall be as valid and effectual to pass the title to such 
land as if the same had been made by the proper officer. 

§ 2. In all cases where lands have heretofore been or may 
hereafter be sold, in counties organized under the township organi- 
zation law, and deeds have not been made to the purchasers thereof, 
such deeds shall be made by the sheriff of the proper county, at 
the time when by law such deeds should be made.^ 
Approved February 12, 1853. 



fore executed de- 
clared Talid. 



Sheriff to make 



In force April 24, 
1861. 



eJg in pursuance of sales of real estate for the non-payment of taxes 
re^- shall be held to be null and void, if it be shown that said taxes 



An Act to amend the Revenue Law. 
Section 1. Be it enacted hy the people of the State of Illinois^ 
lo^mldlX^em' represeiited in the General Assembly, That all deeds hereafter made 

null and void, if - . - . ^ , . n . 

shown taxes were 
paid ; or land re- 

STot 'giver" had been paid before the sale, or that said real estate was not sub- 
ject to taxation, or that it had been redeemed from said sale, or if 
the notice required by the constitution was not given, or that the 
description of said land was not sufficiently definite ; and the 
validity of all such deeds, hereafter made by the proper officers, 
Validity not to be fQj, j^g^l estate sold for the non-payment of taxes, shall not be ques- 
?e^rSsteMer- tioned in any suit or controversy in this state, for any other cause, 
^' unless the party wishing to contest the same shall tender to the 

(1) Upon the subject of tax titles, the following cases may be referred to, in addition to 
those already cited : Fitch et al., v. Pinckard et al., 4 Scam., 69. Swiggart et cd.v. Barber 
et al., Irf., 370. Hill et al. x. Leonard, Id., 1^. Blaxey t. Claybaugh,! Gtlm.,2Q. Htn^ 
man v. Pope, Id., 131. Vance v. Schuyler, Id., 160. Messinger v. Germain, Id. (531. SilL 
man v. Fyre, Id., 664. Bestor v. Poioell, 2 Gilm., 119. Atkins v. Hinman, Id., 437.^ Thom- 
son V. Schuyler^ Id., 271. Rhinekart v. Schuyler, Id., 473. Job v. TMets, 5 Gilm., oib. 



DIV. 5.] COLLECTION. 205 

claimant under said tax deed, or deposit in the court in which such 
suit is pending, for his use, the amount of the redemption money 
now provided for bj law, with ten per cent, per annum interest 
thereon from the date of said deed to the time of said tender or 
deposit; and after said tender or deposit is made, the validity of 
said deed may be questioned in the same manner, and to the same 
extent, as now provided by law. 
Approved February 21, 1861. 

An Act to amend an act entitled "An act regulating the collection of the In force February 
Eevenue in counties adopting the Township Organization law," approved ^' ^^^^• 
February 12, 1853. 

Section 1. Be it enacted hy the people of the State of Jllinois, 'Reference to 
represented in the General Assembly, That in all cases which have tiS^Suended^ 
arisen since the passage of the act hereby amended, or which shall 
arise, in which this objection has been offered or shall be offered to 
the entry of judgment against real estate for taxes, interest and 0^,.^^!^^^^ ^.^ ^^^ 
costs due severally thereon, as provided in the thirty-fifth sectiontry of judgment. 
of said act, to wit : that the collector might have collected the said 
taxes, interest and cost, by distress and sale of personal property ; 
and in case the said objection has been or shall be sustained, and suplrvisors^nay 
in all cases which have arisen since the passage of said act, or ^<^^* t^^^^' ™- 

i.,ii, . . i-i, ., 1 -, 1 terest and coste 

Which shall anse, m which taxes, interest and costs due on personal to be added, 
property have not been collected, or shall not be collected, then the 
board of supervisors may, at their annual meeting, direct the 
county clerk to add said taxes, interest and costs, or any part 
thereof, to the collector's lists, to be collected as other taxes : pro- 
vided, that such taxes, interest and costs shall not have been other- 
wise collected; and provided, that the collection of said taxes, inter- 
est and costs shall not have been estopped by legal proceedings, 
other than the sustaining of said objection : and provided farther, Proyiso. 
that no action shall have been commenced to enforce the payment 
of such delinquent taxes. 

§ 2. This act shall apply to and be in force from and after its 
passage, in the several counties adopting the act to provide for 
township organization. 

Approved February 22, 1861. 

An Act to enable the Auditor of public accounts to collect the Revenue. Ip force rebruary 
_, l7, 1851. 

bECTiON 1. Be it enacted hy the people of the State of Illinois, Duty of officer 
represented in the General Assembly, That when real estate shall be levying, 
levied upon to satisfy any judgment in favor of the state, it shall 
be the duty of the officer making such levy, to transmit by mail, to 
the auditor, at least twenty days before the day of sale, a correct 
statement, showing the description and value of said property, in 
cash ; the truth of said statement shall be attested by the oath of 
said officer. And the auditor is hereby authorized and required ^SJr^ffi' 
to purchase, in the name and for the use of the state of IlHnois, at 



206 



REVENUE. 



[div. 5, 



Fiedemption. 



Redemption 
money. 



a price not exceeding two-thirds of said value, so much of said 
property as may be required to pay the amount of the judgment 
and costs aforesaid ; and it shall be the duty of the officer makino- 
such sale to forward to the auditor a certificate of purchase, and 
make his return, as required in other cases of sales on execution. 
Any person desiring to redeem said property from such sale, shall 
pay the amount of redemption money into the state treasury ; and, 
thereupon, the auditor sliall indorse such payment on the back of 
the certificate of purchase aforesaid, and deliver it to the person so 
paying ; which shall have the same effect as redemptions have in 
other cases ; but no real estate purchased as aforesaid shall be 
considered redeemed from such sale until the redemption is paid 
into the state treasury. 

§ 2. All moneys received by any sheriff, or other officer, for 
the redemption of any real estate sold to the state, on execution, 
shall be paid by such officer into the state treasury, or to the col- 
lector of his country, as may be directed by the auditor, within 
twenty days after demand is made by said auditor, and shall be 
paid into the state treasury, by such collector, when he makes 
settlement for the state revenue : provided, that the demand afore- 
said may be made by any person authorized by the auditor to make 
such demand. 
If not redeemed. § 3. If any real estate, purchased by the state on execution, 
shall not have been redeemed, or may not hereafter be redeemed, 
within the time required by law, it shall be the duty of the audit- 
or to obtain a deed or deeds therefor ; which he shall cause to be 
recorded in a book kept for that purpose, in his office, and shall 
take such steps as he shall deem necessary to protect the timber, or 
other fixtures thereon, from being lost or destroyed. 

§ 4. The auditor of public accounts is hereby authorized and 
empowered to sell, transfer and convey, by deed, any and all real 
estate that may have been heretofore, or may be hereafter pur- 
chased, to satisfy, or in payment of any judgment, or any execu- 
tion in favor of tlie state, by this state, or by any officer of this 
state, for the benefit and use of the state, to any person or persons 
who may pay into the state treasury the full amount paid by the 
state for said property, and six per cent, interest thereon, from the 
date of said sale to the time of such payment : provided, that such 
amount shall be equal to the amount due the state on the judg- 
ment or decree on which the sale was made; or if not, the sale 
may be made at such price, not less than the price paid for the 
property as aforesaid, as the judge of the county court and the 
sheriff of the county in which the estate is situated shall certify 
the same to be worth. 

§ 5. State's attorneys, in addition to the duties now required 
by law, shall prosecute all suits in favor of the state when required 
by the auditor ; and where there is no other fee allowed by law for 
such service, they shall be allowed and paid out of the state treas- 
ury the sum of five dollars, for commencing and prosecuting suits 



Auditor to Bell. 



Proviso. 



Duty of state's 
attorneys. 



DTV. 5.] MISCELLANEOUS. 207 

as aforesaid, to be paid on the certificate of the auditor, and ap- 
proved by the governor. 

§ 6. If the back taxes on any forfeited property have not been Back taxes, 
collected, or the property sold as provided for by an act entitled 
"An act to provide for the collection of the revenue on forfeited 
property," approved February twelfth, eighteen hundred and forty- 
nine, said taxes, with the interest and cost due thereon, shall be added 
to and collected with the tax of the current yea.r : provided, that 
where such taxes have not been added to the list for the current 
year, the clerk shall add them to the taxes of the year A. D. one 
thousand eight hundred and fifty-one. Said property shall be ad- 
vertised and sold in the same manner as required by the act 
aforesaid. 

§ 7. Deeds on sales made in pursuance of this act, or of the Deeds 
foregoing recited act, shall be made by the sheriff or collector, as 
provided for in other cases of sales for taxes. 

§ 8. In all cases where the collectors of the tax of the year interest remit- 
A. D. one thousand eight hundred and forty-nine, did not receive *®*^'"^^^^^*^^®^' 
the tax books within the time required by law, or where any of the 
collectors aforesaid failed to obtain judgment on the delinquent list, 
at the time required by law, the auditor is hereby required to re- 
mit the interest on the accounts of such collectors ; and in all cases 
where such interest has been paid into the treasury, the auditor 
shall cause the same to be refunded by drawing liis warrant on the 
treasurer for the amount so paid. 

§ 9. Sheriffs and collectors of the revenue for the year one Collector's com- 
thousand eight hundred and fifty -one, and subsequent years, shall ™^®^°"^^- 
be allowed a commission upon all moneys paid in to the state and 
county treasuries, of five per cent, on the first eight thousand dol- 
lars, three per cent, on the next ten thousand dollars, and two per 
cent, on all additional sums, instead of the commission now allowed 
by law ; which allowance shall be apportioned between the county 
and state, in proportion to the amounts collected and paid over. 

§ 10. This act to take effect and be in force from and after its 
passage. 

Approved February 17, 1851. 

• 

MISCELLANEOUS. 
[From Chapter 39 of the Revised Statutes.]! 

Section 1. All property, real and personal, within this state what property 
shall be liable to taxation, subject to the exceptions hereinafter ^^'^'^ 
stated. 

******* 

Sec. 7. Every hawker or peddler who may desire to hawk or Licenses for ped- 
peddle any goods, wares, merchandize or clocks, throughout the ^^s- 

(1) It is belieTed that so much of the chapter of the Revised Statutes, concerning Reve- 
nue, as is here inserted, comprises all of said chapter remaining in force, or that ia applicable 
in counties having tovraship organizatioiis. 



208 REYENUE. [DIV. 5. 

State, shall, on the payment of fifty dollars for the use of said 
state, to the secretary of state, be entitled to receive a license au- 
thorizing him to pursue such occupation in every county of the 
state ; and any hawker or peddler may procure a license for a sin- 
gle county on the payment to the county commissioners' clerk of 
said county, for the use of the county, the sum of ten dollars. 
Any person pursuing the occupation of a hawker or peddler within 
dUn^^SthouTu- ^^"^ state, or any of the counties thereof, without license, shall for- 
cense. feit and pay, one-half for the use of the person complaming there- 

of, and the other half for the use of the state, the sum of one 
hundred dollars, to be recovered by action of debt in the name of 
the state of Illinois, before any justice of the peace, or probate 
justice of the peace, subject to appeal to the circuit court as in 
other cases : provided, that this section shall not apply to persons 
whose ordinary occupation is not that of a peddler, nor to those 
engaged in vending articles manufactured in this state. 

******* 
Auditor obtain Sec. 11. It shall be the duty of the auditor of pubhc accounts, 
Sf'^^Tuc ? ^ds^ ^ cases where such abstracts have not already been obtained, and 
as the same may become necessary, to obtain from the several land 
offices of the United States at which lands within this state are 
sold, abstracts, containing a description of all lands sold at each 
office, the dates of sale, and the names of purchasers ; also, maps 
of the several land districts, where such abstracts and maps have 
not already been procured. 
Auditor furnish Sec 12. The auditor shall annually transmit to the said clerks, 
if4Sk^°'''"on or before the first day of February, a list of all lands in their 
respective counties which may have become subject to taxation 
within the preceding year. 

y^ y^ ^ ^ ^ tJt -ifp 

Lands of non- Sec. 19. Lands and town lots owned by non-residents of the 
residents, when county, when once correctly listed for taxation by their owners, 
shall not be required to be listed again by them till a sub-division 
or change of ownership takes place. 
Assessment of Sec. 20. If any real or personal properly shall be omitted in 
property omitted. ^^ assessment of any year or number of years, the same when dis- 
covered, shall be assessed by the assessor for the time being, and 
placed upon the assessment hst with the arrearages of tax which 
might have been assessed with six per cent, interest thereon, from 
the time the same ought to have been paid; the clerk of the 
county commissioners' court shall also have power to hst any prop- 
erty omitted for a previous year or years, and add the same to the 
collector's hst, and report the same to the county commissioners' 
court at their next term ; and said court is required to enter the 
same of record, and charge the collector with the same, and the 
clerk to certify said charges to the auditor at the time of certifying 
the allowances made to collectors. 

4k * * * « * ♦ 



DIY. 5.] MISCELLANEOUS. 209 

Sec. 70. No collector or clerk of any county commissioners' collector and 
court, shall be, either directly or indirectly, concerned in the pur- soif fo?taxes^^ 
chase of any tract of land or town lot sold for the payment of taxes, 
under the penalty of one hundred dollars, to be recovered by 
action of debt. 



Sec. 88. At any time after the close of any such sale as afore- Lands not bid for 
said, the clerks may sell any of the lands and town lots offered for St^^J^^^J^'. '°^*^ 
sale which were not sold for want of bidders, to any person wish- 
ing to purchase the same, who shall pay the State and county tax, 



together with the costs and interest due thereon. 



******* 
Sec. 92. The clerks of the county commissioners' courts shall Clerks liable for 
be liable for all redemption money of lands and lots which ma}^ money!*^'^^ 
come into their hands as such, and shall pay the same over on 
demand being made by a proper person, and in case of failure or 
refusal so to do when demanded as aforesaid, then his office shall 
be considered vacated ; and thereupon the county commissioners' 
court shall appoint some suitable person to fill such vacancy until 
the same be lliled in the manner now prescribed by law. 

Sec. 93. Lands sold by the state, though not granted or con- Assessment of 
veyed, shall be assessed in the same manner as if conveyed, but g^" J. ^^'^^^^^ ^^ 
such lands, when forfeited to the state for the non-payment of taxes 
thereon, shall not in any case, be sold for such non-payment as Such lands not 
other lands, and shall not afterwards be subject to taxation until °^ ^^^^' 
again sold by the state. 

Sec. 94. Whenever any purchaser of canal lands or lots, shall ^o^^-payment of 
fail to pay the taxes assessed thereon, as required by the terms ofianS.^^*'^"^ 
sale provided by law, it shall be the duty of the collector forthwith 
to report such failure to the acting commissioner of the Illinois 
and Michigan canal, who shall enter the said lands or lots as for- 
feited to the state, and thenceforth all right, interest and title of 
the said purchaser shall cease ; the said lands shall not in any case 
be sold for the non-payment of taxes, and any such sale, if made, 
shall be void. 

* * * * * * * 

Sec. 96. Persons paying taxes on lands advertised for sale for Payment of costs 
the taxes due thereon, previous to the sale, shall be required to ^""e^J^r'^xes. 
pay the costs of advertising, and all other costs which may have 
accrued up to the time of such payment. 

* * * * * * * 

Sec. 98. No sheriff or deputy sheriff shall be ehgible to the sheriff not to be 
office of county treasurer, nor shall any county treasurer hold the ''°"''*^ *^*^'^^' 
office of sheriff or collector. 

* * * * * * . ^ 

Sec. 103. If any collector shall receive the taxes upon any Penalty for re- 
land or real estate, and shall knowingly include the same land orSiT/wS^ 
real estate in the list of lands returned by him on which taxes ^^'^^ 
U 



210 REVENUE. [dIY. 5. 

have not been collected, and the said lands shall be sold for the 
taxes thereon, he shall be deemed guilty of a misdemeanor, and on 
indictment and conviction thereof, shall be removed from office, 
and shall, moreover, be liable to the party injured for all damages. 
******* 
Collector not buy Sec. 105. No collector shall, either directly or indirectly, be 
anaditor's wax- permitted to take, buy, shave or receive, by himself or agent, any 
auditor's warrant or warrants, at less than the full sum due thereon 
to the holder of such warrant or warrants. 
Penalty for so Sec. 106. Any collector, who shall violate the provisions of 

doing. ^Yie foregoing section, shall be liable to pay double the amount 

made by purchasing or shaving said warrants at less than their 
face, in an action of debt, before any court of the proper county ; 
one-half the amount so recovered, shall go to the person complain- 
ing, and the other half shall be paid into the state treasury, and 
his office shall be vacated. 
Payment of in- Sec. 107. Hereafter, the interest on the school fund belonging 
^u^\ 7^ c-ounty iQ ii^Q several counties of this state, shall not be required to be 

Bchoolfund. ., . , i 1 t i m ' -, 

paid into the state treasury ; but the auditor shall, as now required 
by laAv, ascertain the amount payable to each county, and certify 
the same to the collector, who shall thereupon pay over to the 
school commissioner of his county, such amount, and take his 
receipt therefor ; and on settlement with the auditor, the said col- 
lector shall be credited with the amount specided in said receipt, 
in the same manner as if it had been paid hiio the treasury. 



DIV. 6.] BRIDGES— CENSUS. 211 

DIVISION VI. 

* MISCELLANEOUS PROVISIONS. 

BRIDGES. 

An Act to provide for the better protection of the public Bridges in this State. In force Feb. 20, 

1861. 

Section 1. Be it enacted hy the people of the State of Illinois, DriMmgoYer 
represented in the General Assenihly, That if any person shall ride, \^^^l, Sk^pro- 
lead or drive any wagon, carriage, di*ay, cart or other vehicle or lubited. 
conveyance, or any horse, mare, mule or ox, or other animal, over, 
on or across any public bridge, or any bridge used by the public, 
within the limits of this state, [faster than a walk,] he shall forfeit Penalty. 
and pay for each offence the sum of five dollars ; which penalty 
shall be collected, either before a justice of the peace, or by indict- 
ment in the circuit court of said county, as is now provided by ^^°^ prosecuted. 
section one of an act entitled, " an act to amend chapter ninety- 
three of the revised statutes, entitled, ' roads,' " approved June 
•22, 1852. 

§ 2. It shall be the duty of the commissioners of highways of Boards to be put 
each town, in counties under township organization, and of the ^^ ^^ " ^'^' 
county courts of all other counties, to cause boards to be placed 
upon the bridges across the principal streams in their respective 
towns. Said board shall be elevated, so as to be easily seen by 
travelers, and on each side of said boards shall be printed, in capital inscription on 
letters, the words : " five dollars fine for leading or driving any ^'^'^'^• 
beast faster than a walk on or across this bridge." 

§ 3. This act shall take effect and be in force from and after 
its passage. 

Approved February 20, 1861. 

CENSUS."* 

An Act to provide for taking the Census. 

Section 1. Be it enacted hy the people of the State of lllinoisj^^y^^^^^onfat 
represented in the General Assembly, That the enumeration of the ^*^^ *^^'^* 
inhabitants of this state for the year 1855 shall be taken in con- 
formity with the provisions of the nineteenth chapter of the revised 
laws of 1845, except that in counties having adopted the township Exception in 
organization, the board of supervisors shall appoint the commis- counties having 

. , -, .TT1T 11 • ni'ii towusliip organi* 

fiioners, whose duty it shall be to take the enumeration ot the inhab- zatiou. 
itatits of this state, and except also that the list of property provided 
for in the second section of said act shall not include the value of 
grain raised last year ; and also that the said commissioner appointed 

(1) For provisions in full concerning Census, see Appendix, p. 243. 



212 



MISCELLANEOUS PROVISIONS. 



[div. 6. 



Proviso. 



to take the census sliall have the right to appoint one or more 
deputies under them, who shall take the same oath and perform 
the same duties as their principals : provided, the county judge 
shall have the power of appointing the persons to take the census 
for the counties of Adams, Hancock and Henry. This act to take 
effect and be in force from and after its passage. 
Approved February 15, 1855. 



Each county a 
body politic. 

Style. 



County commis- 
sionert*' court. 



Election of coun- 
ty commission- 
ei-3. 
To be sworn. 



To draw lots for 
term of oiSce. 



Tenn decided by 
lot draTFn. 



COUNTIES AND COUNTY COMMISSIONERS* COURTS.^ 

(From Chapter 27 of the Revised Statutes.) 

Section 1. Each county which has heretofore been, or may 
hereafter be established in this state, according to the laws thereof, 
shall be a body politic and corporate, by the name and style of 

"the county of " and by that name may sue and be sued, 

plead and be impleaded, defend and be defended against in any 
court of record, either in law or equity, or other place where jus- 
tice shall be administered.^ 

Sec 2. There shall remain, as at present established, in each 
county of this state, and shall be established in each county here- 
after created, a court of record, to be constituted, composed of three 
commissioners, elected by the people as hereinafter provided, to be 
styled " the county commissioners' court of county." 

Sec. 3. Such commissioners shall be elected as provided in 
chapter thirty-seven (title "Elections,") of the Revised Statutes. 
Previous to entering upon their duties they shall be sworn, before 
some justice of the peace, judge of the circuit court or clerk of the 
circuit court, faithfully to perform the duties of their office to the 
best of their knowledge and ability. 

Sec. 4. At the first meeting of such commissioners after they 
shall have been so elected and sworn, the clerk of said county com- 
missioners' court, shall prepare three tickets, upon one of W' hich he 
shall write the words "o?ze ?/ear," upon another the words '■''two 
years,'' and upon the other the words '-Hliree ^/ears," which tickets 
so prepared shall be presented by said clerk with the writing ther^ 
on concealed, to such county commissioners, and each of said com- 
missioners shall draw one of said tickets. 

Sec. 5. The term of service of the commissioner who draws 

(1) The county commissioners' court has been superseded under the new constitution by th^ 
county court, and its power transferred to the latter court. In counties adopting township 
organization, the officers of the county court are transferred to the board of supervisors ; 
this board, therefore, in determining their whole duty will have to look back through all the 
statutes relating to the powers and duties of the county commissioners and county court. 
It being the object of this compilation to embrace all the law remaining in force, applicable 
to townsliip organization, including that which relates to the powers and duties of boards of 
supervisors, the entire chapter of the llerised Statutes concerning the county commissioners' 
court has been here inserted, without the omission of any portion thereof, as there may be 
some doubt as to what portion is repealed, or is inapphcable. 

(2) Statutes defining the boundaries of a county are public acts, and the courts are bound 
judicially to notice them. In an action qvare dausumf regit proof that the trespass was com- 
mitted iu the government section^ township and range alleged, is sufficient, without proof, 
that such section was in the county alleged. — Boss et al. v. Reddeck, 1 Scam., 73. 

The legislature ca.n not abolish counties, and form their territorj- into one or more counties, 
nor take territory from one county and add it to another, nor remove a county seat, without 
submitting the act to a vote of the inhabitants affected by such chsuages.— The People ex rel. 
T. Marshall, 12 Ills., 891. 



Piy. 6.] COUNTIES AND COUNTY COMMISSIONERS' COURTS. 213 

the ticket upon which is written " one year^' shall expire at the 
end of one year ; the term of service of the commissioner who 
draws the ticket upon which is written " two years'' shall expire at 
the end of two years ; and the term of service of the commissioner 
who di-aws the ticket upon which is written " three years,'' shall 
expire at the end of three years ; the result of which drawing shall 
be entered by the clerk upon the records of the court. 

Sec. 6. The two preceding sections shall be deemed to apply To apply to first 
only to commissioners elected at the first elections to be held in ^^t^j:^"^^^^^"*' 
counties hereafter to be organized. Thereafter in all such new 
counties, as well as in all counties now organized according to law, 
one commissioner shall be elected at the general election in each 
year as provided in chapter thirty-seven, (title "Elections,") to 
supply the place of the commissioner whose term of office shall 
then expire; it being intended that after such first election, each 
commissioner shall hold his office for the term of three years. 

Sec. 7. Whenever a vacancy shall happen in the office of Vacancy in office 
county commissioner by death, resignation or otherwise, it shall be how fiUeT^'^^^'^ 
the duty of the clerk of the county commissioners' court of the 
county in which the vacancy shall happen, to issue his order to 
the judges of election in the different precincts in said county, 
requiring them on a certain day not less than twenty days from 
the date of such order, to hold an election to fill such vacancy : 
provided, that if the term of service of the commissioner whose Proviso 
vacancy is to be filled, would have expired within six months of the 
happening of said vacancy, it shall not be necessary for the clerk 
to order an election to fill such vacancy. 

Sec. 8. There shall be elected in each county, a county com- cierk shall be 
missioners' clerk, who shall hold his office four years, and until his elected, 
successor is elected and qualified. In counties hereafter to be 
organized, they shall be elected at the first election of county com- Term of office, 
missioners, and in like manner every four years thereafter. In 
counties now existing they shall be elected at the periods and in 
the order of time by law established. 

Sec. 9. Each clerk so elected and qualified shall keep his office piace of keepipg 
at the place of holding court for each county respectively ; and °^^®' 
each and every clerk before he enters on the duties of his office, 
shall take an oath to support the constitution of the United States Oath of office. 
and of this state, and the oath of office, in open court, and enter 
the same on record, and give a bond with good securities to the 
county commissioners, to be approved by them for the use of any 
person or persons injured, or for the use of the county if injured, 
in the penal sum of one thousand dollars, conditioned for the faith- 
ful performance of the duties of his office. 

Sec. 10. The county commissioners' court of any county, cierk may be 
may, for misconduct in office, gross neglect of duty, incompetency, removed. 
or other good cause shown, to be entered upon the record of their 
said court, remove their clerk, whose office shall be considered 
vacant. ^^^^ otem va. 

Sec. 11. Whenever, by reason of death, resignation, removal, case of yacancj. 



214 MISCELLANEOUS PROVISIONS. [DIV. 6. 

or any other cause, the office of clerk shall become vacant, the court 

may appoint a clerk, pro tempore^ who shall perform the duties of 

such office until such vacancy shall be filled. 

Vacancy how Sec. 12. Such vacancy shall be filled in the same manner as is 

^®^" provided in section seven of this chapter, for filling vacancies in 

the office of county commissioner. 
Clerk to deliver Sec. 13. Every clcrk who shall refuse or neglect, after going 
o sue- ^^^ ^£. Q^(3g^ ^Q deliver to his successor in office, all papers, books, 
moneys, and all and every thing appertaining to his office, shall 
forfeit and pay any sum not over five hundred dollars, and be 
Penalty. imprisoned any time not exceeding thirty days, at the discretion 

of the court before which he may be tried : such forfeiture and 
payment to be independent of, and in nowise discharging or dimin- 
ishing the obligation of his official bond. 
Deeds of convey- Sec. 1 4. All deeds, grants and conveyances, heretofore made, 
ance, owma e. ^^ -vyjiich shall be hereafter made, and duly acknowledged and 
recorded, as other deeds conveying any lands, tenements or here- 
ditaments, to any county or the inhabitants of any county and their 
successors, or to the county commissioners, or to the county com- 
missioners' court, or to the governor, or any other person or per- 
sons by whatever form of conveyance, for the use and benefit of 
any county, shall be good and valid to all intents and purposes, to 
vest in such county in fee simple or otherwise, all such right, title, 
interest and estate as the grantor or grantors in any such deed or 
conveyance had at the time of the execution thereof, in the lands 
conveyed, and was intended thereby to be conveyed. 
Commissioner to Sec. 15. The county commissioners' court may, by their order 
appoiQte<r^^ ^^ to be entered on their minutes, appoint a commissioner to sell and 
dispose of any real estate of their county, and the deed of such 
commissioner, under his proper hand and seal, for and in behalf of 
such county, duly acknowledged and recorded, shall be sufficient 
to all intents and purposes, to convey to the purchaser or pur- 
chasers, all the right, title, interest and estate whatever, which the 
county may then have in and to the premises, so to be conveyed. 
Bonds for benefit Sec. 1 6. All notes, bonds, bills, contracts, covenants, agree- 
vitiated fo'r^orm. i^ents or writings made, or to be made, whereby any person or 
persons is, are or shall be bound to any county or the inhabitants 
thereof, or. the county commissioners, or county commissioners' 
court, or to the governor, or any other person or persons, in what- 
ever form, for the payment of money, or any debt or duty, or the 
performance of any matter or thing to the use of any county, shall 
be as valid and effisctual to all intents and purposes, to vest in the 
said county all the rights, interest and actions, which would be 
vested in any individual, if any such contract had been made 
Suits on, how directly to him : suits may be commenced, sued and prosecuted 
prosecuted. thereon in the name of said county, as is provided in the first sec- 
tion of this chapter, or in the name of the person to whom they 
are made, to the use of the county, as fully and effectually to all 
intents and purposes, as any person may or can upon like notes, 
bills, bonds, contracts, agreements or writings made to him. 



DIV. 6.] COUNTIES AND COUNTY COMMISSIONERS' COURTS. 215 

Sec. 17. The county commissioners' court may appoint an Agents for county 
agent or agents, to make any contract on behalf of such county for ^^ ^ appoint- 
erecting any county building, or f-^r any other purpose authorized 
by law. The contracts of such agent or agents, duly executed 
for and on behalf of such county, shall be valid and effectual to 
bind such county to all intents and purposes. 

Sec. 18. All actions, local or transitory, against any county, Actions against 
may be commenced and prosecuted to final judgment and execu- pros'^cuted!^^^ 
tion in the circuit court of the county against which the action is 
brought. Any action, local or transitory, ui which any county 
shall be plaintiff, may be commenced and prosecuted to final judg- 
ment, in the county in w^hich the defendant in such action resides. 
When any action shall be commenced against any county, a copy service of pro- 
of the summons shall be left with the clerk of the commissioners' ^^^^• 
court, either during the sitting of said court, or so as a term of 
said court shall intervene between the day of leaving a copy of 
such summons and the return day thereof. There shall always be 
ten days between the service and return of every such summons. 
In all actions brought by or against every county, the inhabitants 
of the county so sueing, or being sued, may be jurors or witnesses, 
if otherwise competent or qualified according to law. 

Sec. 19. It shall be the duty of the county commissioners' court ^^^^^^^^^"5^ 
of each of the counties of this state, to take and order suitable 
and proper measures for the prosecuting and defending of all suits 
to be brought by or against their respective counties. 

Sec. 20. When any judgment shall be rendered against any Judgments 
county, it shall be the duty of the county commissioners' court to how^p^d?"^ ^' 
order a warrant to be drawn on their treasurer for the amount of 
the judgment and costs; which warrant shall be paid as other 
county debts. Nothing herein contained shall authorize any ex- 
ecution to be issued against lands or other property of any county 
of this state. 

Sec. 21. All the counties of this state or which shall hereafter Jurisdiction of 
be erected, which are or shall be bounded, or which may front on g^^^*^^^ ^^ "^' 
either the Mississippi or Wabash rivers, shall respectively have 
and exercise jurisdiction upon such rivers so far as the counties 
shall respectively be bounded by the rivers aforesaid; which juris- Concurrent juris- 
diction shall be exercised concurrently by the counties aforesaid, ^ ^°^* 
with the contiguous states and territories bounded by said rivers, 
so far and to such extent as the said rivers shall form the boundary 
of the counties aforesaid respectively ; and also the boundary be- 
tween this state and contiguous states or territories. 

Sec. 22. There shall be four sessions of the county commis- '^^"^ <^f com- 

, ^ . , .1. ■,■,-,-, 1 T nussioners' court. 

sioners court m each county m this state, to be holden at the usual 
place of holding courts, or at the ofiice of the clerk, to commence 
on the first Mondays of March, June, September and December 
of each year, and continue six days, if the business shall not be 
sooner completed. 

Sec. 23. Two commissioners shall constitute a quorum to do Quorum. 



216 



MISCELLANEOUS PROVISIONS. 



[dit. 6. 



Want of quorum 



Special terms 
may be called. 



Jurisdiction of 
court. 



Iseue writs. 



To procure 
county seals 



Judicial seal 



S^yle of process. 



May enforce 
writs. 



Jurisdiction 
limited and 
restricted. 



business. Should a quorum not meet at any stated meeting of the 
said court, then the said court shall be considered to be continued 
by law from day to day, if necessary, until four of the clock in the 
afternoon of the second da}^, and then if a quorum be not present 
for said court, the business therein to stand continued to the next 
court in course. 

Sec. 24. Should it be necessary to have a called court on any 
urgent business, then any one of the county commissioners shall 
have power to call said court, on giving the other two commission- 
ers five days' previous notice, and the clerk, before said special term 
of said court. Said special court shall have the same power and 
authority as when holding a stated court. 

Sec. 25. The said courts shall have jurisdiction throughout 
their respective counties in all matters and things concerning the 
county revenue, and regulating and imposing the county tax, and 
shall have power to grant licenses for ferries and for taverns, and 
all other licenses and things that may bring in a county revenue ; 
and shall have jurisdiction in all cases of public roads, canals, turn- 
pike roads and toll bridges, where the law does not prohibit the 
said jurisdiction of said courts ; and shall have power and juris- 
diction to issue all kinds of writs, warrants, process and proceed- 
ings by the clerk, throughout the state, which are necessary to the 
execution of the power and jurisdiction with wliicli such courts are 
or may be vested by law. 

Sec. 26. It shall be the duty of the county commissioners in 
each county, as soon as practicable, to cause to be procured, all the 
necessary official seals that may be requisite in tlieir respective 
counties ; and they shall be, and are hereby authorized to draw on 
the county treasurer for the expense of any such seal or seals, 
wliich shall be paid for in the same manner as other county debts 
ar6 paid. 

Sec. 27. The said court of each county shall have a judicial 
seal; and all warrants, writs, process and proceedings to be issued 
by said court, shall be sealed with said seal, bearing date the time 
they issue, and be signed by the clerk of said court. All such 
process shall run "/w the name of the people of the state of Illinois" 
and may be executed and returned as other process, by the sheriff 
or any constable of the county. 

Sec. 28. The said court of each county respectively, shall have 
power and jurisdiction to compel and enforce by writ or writs of 
attachment, or other process, the orders, decrees or judgments of 
said courts respectively. 

Sec. 29. There shall be nothing contained or construed in this 
chapter, to give the said court any original or appellate jurisdiction 
in civil or criminal suits or actions, wherein the state is a party, or 
any individual or individuals, bodies politic or corporate, are par- 
ties ; but said court shall have jurisdiction in all cases where the 
matter or thing brought before the said court relates to the public 
concerns of the county collectively, and all county business, and 



DFv 



IV. 6.] COUNTIES AND COUNTY COMMISSIONERS' COURTS. 21 T 



the said court shall have power to punish for contempt, as either May^punish for 
courts may do, and have all the power necessary to the right exer- ''°'' ^""^ ' 
cise of the jurisdiction with which said court is or may be vested 
according to law ; and the clerks of said courts respectively, shall 
have the same fees, emoluments and perquisites of office, as are 
given to the other clerks of courts of this state by law, for the like 
services, or as may be given them by law. 

Sec. 30. It shall be the duty of justices of the peace, and of all Jt^j^'.^JXJjJ.o,,^^ 
other officers, to account for, and pay over to the county commis- to commissioners, 
sioners' court of the county within which such officer shall reside, 
at or before the December term of the said court, in each and 
every year, all sums of money recovered by fine, penalty or other- 
wise, which by law is required to be paid into the treasury of the 
several counties in the same kind of funds received by them. 

Sec. 31. Any officer failing to comply with the foregoing sec- Penalty for faii- 
tion, shall forfeit and pay the sum of seventy-five dollars, with any .JJ^i p^^y over 
money by him not accounted for and j)aid over as aforesaid, to be i^^o^^y- 
recovered by motion before the circuit court of the county wherein 
default is made, for the use of said county, together with the costs 
of said motion : provided, that the officer against whom the motion 
is made shall have notice thereof at least ten days before the first 
day of the term at which such motion is made. 

Sec. 32. There shall be allowed to each county commissioner compensation 
in full for his services for each day's attendance in holding courts, of commissioners 
the sum of one dollar and fifty cents, to be paid on the certificate 
of the clerk, out of any moneys in the treasury of the county, not 
otherwise appropriated. 

Sec. 33. That commissioner who shall be oldest in commission presiding com- 
shall preside at all meetings of the court. missioner. 

Sec. 34. It shall be the duty of the county commissioners' Commissioners to 
courts, in their respective counties, to prepare or cause to be erected, *^^<^<^* J'^^- 
when, in the opinion of said court, the means of the county are 
such as to justify it, and where they have not heretofore done so, 
strong and substantial jails, so that prisoners may be confined there- 
in with safety; and the said commissioners are hereby expressly 
charged with the faithful execution of this law, and they shall 
make report thereof respectively, to the circuit court, at the next To report to 
term in the county after the same shall have been done, and said ^^^^^ ^o^^*- 
report shall be entered upon the records of the said circuit court. 

Sec. 35. It shall also be the duty of the said county commis- To erect court 
sioners, in each county, to cause to be erected, when, in the opinion ^^^use. 
of said court, the means of the county are such as to justify it, a 
suitable court house in each of their respective counties ; and they contract to erect 
shall have power to enter into contracts from time to time, with <=oui-t house. 
any person or persons, in behalf of the county, for the erection of 
such court houses, or finishing any court house already begun, at 
any regular term of their court, or at any special term they may 
appoint. 

Sec. 3G. The county commissioners' courts in each countv, ^°**°^®^*^^""* 

•' •^ ' ty buildings on. 



MISCELLANEOUS PROTISIONS. 



[D2 V . ()- 



shall have power to contract for and procure, for the ii^e of tht ir 
respective counties, whenever it shall become necessary, any lot or 
lots of land, whereon to erect such county buildings, and obtain 
deeds of conveyance to such counties, and to sell and convey the 
same when it shall become necessary, to any purchaser or pur- 
chasers, in the manner prescribed by law. 

Sec. 37. The county commissioners' courts of any county in 
this state are hereby authorized to lease such vacant room or rooms 
as offices, as may be in the court house of said counties and not 
occupied by and furnished for the sheriff, clerk of the circuit court, 
clerk of the county commissioners' court, and probate justice of the 
peace of said counties, for any term not exceeding one year, and 
for such rent or rents as they may think right and proper. 

Sec. 38. The county commissioners of said counties shall have 
the care and custody of said court houses ; any law or usage to 
the contrary notwithstanding. 

Sec. 39. Hereafter, in all cases of division of any county in 
this state, by petition or otherwise, it shall not be la\^^ul to estabhsh 
any boundary line within less than ten miles of the seat of justice 
of the county to be di\'ided. 

Sec 40. Hereafter no county in this state shall be curtailed 
in its limits so as to reduce the territory to less than four hundred 
square miles, nor shall any county be created hereafter, the terri- 
tory of which shall contain less than four hundred square miles. 

Sec. 41. It shall be the duty of the commissioners' court of 
each county to cause a complete statement in writing of the fiscal 
concerns of the county to be made out at their March term, annu- 
ally, which shall specify the amount of money paid out of the 
county treasury during the preceding year, to whom paid, and for 
what purposes ; and likewise the amoimt of the county orders 
issued and unredeemed during the same year ; and the clerk of 
said court shall keep said statement posted up in his office for the 
period of one month at least, from the end of said term ; and for 
failing to perform this duty, he shall pay a fine of ten dollars. 
Each county commissioner who shall neglect to cause such state- 
ment to be made out, shall also pay a fine of ten dollars, to be 
recovered by action of debt, at the suit of any individual, before 
any justice of the peace of the county ; one-half for the use of the 
county, and the other half with costs of suit, for the use of the 
person so sueing. 

Sec. 42. Any pa: \^" to a proceeding had before any county 
commissioners' court, who may feel aggrieved by the final decision, 
judgment or order of such court, shall be allowed to appeal to the 
circuit court of the county in which the decision, judgment or order 
may have been made : provided, the appeal be prayed during the 
term of the court at which the decision, judgment or order may be 
rendered: and, provided further, that the party praying appeals 
shall be requu^ed to execute bond, with good security, to be approved 
by the court, payable to such person, and vnXh. such conditions as 
the court shall require ; and after the execution of the appeal 



May lease rooms 
in court house 
not occupied by 
officers. 



Custody of court 
house. 



County lines. 



Size of counties. 



Statement of fis- 
ciil concerns of 
county. 



Clerk to post 
statement. 



Penalty. 



Appeals allowed. 



Pro\1so, 



Appeal bond. 



DIV. 6.] COUNTIES AND COUNTY COMMISSIONERS' COURTS. 219 

bond, the clerk of the commissioners' court shall file with the clerk 

of the circuit court, a full and complete transcript of the record JjJJ^^"^*^ ^ 

and proceedings of the court, together with the appeal bond, and 

all original papers relating to the case ; and the clerk of the circuit 

court shall thereupon issue a summons against all parties interested Appeal summons. 

in the decision, judgment or order appealed from, as in cases of 

appeals from judgments of justices of the peace, and if a county 

be interested, the summons shall issue against the county conmiis- 

sioners of such county. 

Sec. 43. The circuit courts shall liave jurisdiction to hear and jurisdiction of 
determine all such appeals, and shall give such judgment in respect hea^appJ^^L *** 
to the rights of the parties, as the commissioners' court should have 
given, and shall have power to make all such orders, and to issue 
all such process and notices as may be necessary to bring all per- 
sons interested before the court ; and on the trial of such appeals, 
the court shall proceed in all respects as is or may be required in 
the trial of other appeal cases in said court ; and the judgment of 
the court in the premises, shall be final and conclusive upon the 
parties, unless an appeal be taken to the supreme court. The said ^^^^y^' 
circuit court shall also have power to remand all such cases to the 
county commissioners' court, with directions to carry into effect, so 
far as relates to rights of parties, the judgment of said court : pro- ProTiso. , 
vided, that in cases so remanded, the circuit court shall make out 
and deliver a written opinion to be entered of record, and trans- 
mitted to the county commissioners' court. 

Sec. 44. The county commissioners' courts of the several coun- Fire proof re- 
ties in this state, are hereby authorized and required, whenever the ^°^^^^'^ office, 
finances of any county in tliis state shall justify such expenditure, 
to cause to be erected a fire proof recorder's ofiice, on some suit- 
able lot at their respective county seats, and pay for the same in 
tlie same manner as court houses and jails are paid for : provided, ProTiso. 
that if the county commissioners' court of any county as aforesaid 
shall be of opinion that any one of the rooms unappropriated in their 
court houses respectively can be made fire proof, they shall be 
required and authorized as aforesaid to cause such improvements 
or additions to be made to any such room as will render the same 
fire proof ; in which said fire proof buildings or room, the records 
and office of county recorder shall be kept. 

Sec. 45. The provisions of the foregoing section may, at the other clerk's 
discretion of the county commissioners' court of any county in this o^^*^- 
state, be deemed to apply to the offices of clerks of the county 
commissioner:^' and circuit courts, respectively. 

Sec. 46. In all cases when orders for money are issued by the County orders to 
clerk of any county commissioners' court, in any county of this^^'^°"°*'''^'^^* 
state, upon the treasurer of such county, the said orders, before 
they are delivered to the person or persons for whose benefit the 
same is or are drawn, shall be severally presented by the clerk to 
the said treasurer, who shall personally countersign the same ; and 
shall also enter in a book, to be kept for that purpose, the date. 



220 MISCELLANEOUS PROVISIONS. [mv. 6. 

amount and number of each of said orders, and the name or names 
of the person or persons in whose favor such orders are drawn 
respectively. 
Blanks fiUed be- Sec. 47. No county treasurer shall countersign any county 
B^ed.^ ^' order before the same is filled up, nor until he shall examine the 
records of the court, and be satisfied that the order to be issued is 
warranted by the order of the county commissioners' court. 
Approved March 3, 1845. 



An Act authorizing County Commissioners' Courts to provide for the safe 
keeping and preserving all the Public Records belonging to said Counties. 

Fire proof build- SECTION 1. Be it enacted hy the people of the State of Jllinois, 
ings for records, represented in the General Assembly, That the respective county 
commissioners' courts of this state be, and they are hereby author- 
ized to erect, build and provide permanent fire-proof rooms, houses 
or vaults, for the purpose of placing therein and preserving from 
injury, damage, loss or destruction by fire, the records and docu- 
ments of their respective counties. 
Approved March 3, 1845. 
[Amendatory to Chapter 27 of the Revised Statutes.] 

An Act to encourage the Apprehension of Horse Thieves. 

Reward may be SECTION 1. Be it enacted by the people of the State of Illinois, 
^redforhorso represented in the General Assembly, That it shall be lawful for 
the county commissioners' courts of the several counties in this 
state, by an order to be entered upon their records, to fix upon a 
sum, not exceeding fifty dollars, as a reward to be paid to any per- 
son or persons who shall hereafter pursue and apprehend, beyond 
the limits of the county where the offence shall have been commit- 
ted, any person guilty of stealing any horse, mare or mule ; which 
reward shall be paid, on conviction of the thief, by the county in 
which the offence was committed : provided, that said reward shall 
not disqualify the person entitled thereto from being a witness. 
Approved February 26, 1845. 
[Amendatory to Chapter 27 of the Revised Statutes.] 

An Act to provide for the Apprehension of Fugitives from Justice. 

(61.) Sec. I. Be it enacted hy the people of the State of lUi- 
nois, represented in the General Assembly, That it shall be lawful 
for the county commissioners' courts of the several counties in this 
state, by an order to be entered upon their records, to fix upon a 
sum not exceeding one hundred dollars, as a reward to be paid to 
any person who shall hereafter pursue and apprehend, beyond the 
limits of the county where the offence shall have been committed, 
any person guilty of any felony or other high crime, which reward 
ghall be paid by the county where the offence was committed, on 



1)1 Y. 6.] COUNTY COURTS. 221 

the conviction of the criminal : provided, nevertheless, that ^ said 
reward shall not disqualify the person entitled thereto from being a 
witness. 

(62,) Sec. II. It shall be lawful for the county commissioners' 
courts of the several counties in this state, to enter an order upon 
tlieir records, allowing to any person or persons, who shall have 
aided or assisted in the pursuit or arrest of any person or persons 
suspected or accused of any felony, or other high crime, committed 
in their county, such reasonable sum as said county commissioners 
shall deem just, to defray the expenses of the person or persons in 
aiding or assisting in the pursuit or arrest of such offender or 
offenders, in making such pursuit or arrest ; which sum so allowed, 
shall be paid out of the county treasury, in the same manner that 
other county expenses are paid 

Approved February 27, 1847. 

COUNTY COURTS. 

An Act conferrinsr additional powers and jurisdiction on the County Courts. In force Februa- 
, . . ry 11, 1853. 

Section 1. Be it enacted hy the people of the State of Illinois, AdHti^omi^^- 
represented in the General Assembly, That in addition to the powers ®^^- 
and jurisdiction vested in the county courts by the thirteenth section 
of the act entitled an act establishing county courts and providing 
for the election of justices of the peace and constables; and for 
other purposes, in all counties wherein township organization has 
been or may hereafter be adopted and in force, the said court shall 
have power to issue writs of ad quod damnum, and is hereby 
vested with jurisdiction over all proceedings had therein ; which 
proceedings shall be had in manner and form and in accordance 
with tli8 provisions of the seventy-first chapter of the Revised Stat- 
utes of 1845, and the orders and judgments of said court therein 
made shall have the same force and effect as the orders and judg- 
ments of the county courts in like cases in counties where town- 
ship organization has not been adopted. 

§ 2. Said writ may be issued and proceedings had at any regu- writ issued 
lar term of said court holden for probate or county purposes. 

§ 3. This act to take effect from and after its passage. 

Approved February 11, 1853. 

An Act to amend an act entitled "An Act establishing County Courts, and 
providing for the election of Justices of the Peace, and Constables, and 
for other purposes." 

Section 1. Be it enacted hy the People of the State of Illinois, Terms of th9 
represented in the General Assembly, That in all counties in county court, 
this state which have adopted or shall hereafter adopt township 
organization, the December, March, June and September terms 
of the county courts shall commence on the first Mondays of said 
months respectively. 

Approved February 15, 1855. 



222 MISCELLANEOUS PROVISIONS. [dIV. 6. 



COUNTY TREASURERS AND COUNTY FUNDS. 

(From chapter 28 of the Revised Statutes.) 
Election of coun- SECTION 1. There shall be elected in each county of this state, 
ty treasurer. a countj treasurer, who shall hold his office four j-ears and until 
his successor is elected and qualified. In counties hereafter to be 
organized, they shall be elected at the first election of county com- 
missioners, and in like manner every four years thereafter. In 
counties now existing, they shall be elected at the periods and in 
the order of time by law established. 
Oath of office. Sec. 2. Eacli county treasurer, previous to entering on the 

duties of his office, shall take and subscribe the following oath, to 
wit : 

Form of oath. "I, A. B., treasurer of the county of , in the State of Elinois, do 

solemnly swear, (or alliini) that I 'will honestly and faithfully pay over to the 
proper officers and individuals authorized by law to receive the same, any 
and all current money, and other funds that may come into my possession by 

virtue of my office as treasurer of the county of , and that I will not, 

directly or indh^ectly, exchange, lend or use any portion thereof, for the pur- 
pose of speculation, or will I appropriate or apply any portion thereof, to my 
own use or benefit, or for the use or benefit of another, and that I will faith- 
fully and impartially, and to the best of my skill and judgment, perform the 

duties required of me by law as treasurer of the county of . A. B. 

Sworn to and subscribed before me this — day of , 18 — . 

C. D., Justice of the peace for county." 

To give bond. Sec. 3. Each county treasurer, before he enters upon the duties 

of his office, shall also execute a bond, in such penalty and with 
such security as the county commissioners shall deem sufficient ; 
which bond shall be in substance in the following form, to wit : 

rorm of bond. u Know all men by these presents, that we, A. B., principal, and C. D., and 

E. F., securities, all of the county of and state of Illinois,; are held and 

firmly bound to the people of the state of Illinois, in the penal sum of 

dollars, for the payment of which well and truly to be made, we bind ourselves, 
each of us, our heirs, executors and administrators, firmly by these presents : 

signed Avith our hands, and sealed with our seals. Dated at , the — 

day of , 18. The condition of the above bond is such, that if the above 

boundcn A. B. shall perform all the duties required by law to be performed by 
him, as treasurer of the said county of in the time and manner pre- 
scribed by law ; and when he shall be succeeded in office, shall surrender and 
deliver over to his successor in office, all books, papers, moneys and other 
things belonging to said county, and appertaining to his said office, then the 
above bond to be void, otherwise to remain in full force. 

[seal. 



A B 

Signed, sealed, and delivered } ^' p*' 

in presence of G. H." [ F F * 



SEAL. 
SEAL. 



book. 



E. F. 

TreasTirer tokeep Sec. 4. The county treasurers of the several counties in this 
state, shall each of them keep a book, in which they shall keep a 
regular, just and true account of all moneys and revenues received 
by them respectively, stating therein particularly in what kind of 
funds each particular sum was received, whether in gold, silver, 
county orders or any otlier funds authorized to be received as rev- 
enue, by the laws of this state. They shall also keep a regular, 
just, and true account of the time when, of whom, and on what 



DIY. 6.] COUNTY TREASURERS AND COUNTY FUNDS. ' 223 

account each particular sum in money, or other funds, may have 
been received by them. 

Sec. 5. They shall also keep a regular, just and true account Account of fund 
of all moneys and funds paid out by them agreeably to law, stating ^^'^ °^** 
therein particularly on what account each particular sum was paid 
out, to whom paid, the particular kind of money or funds paid out 
to each individual, and the time when such payment was made. 
The books and accounts aforesaid to be free for the inspection of 
any individual who may wish to examine the same. 

Sec. 6. No money, county orders or other funds shall here- Pay out on or- 
after be paid out of any county treasury in this state, except in ^i^^s only. 
accordance with an order or decree of the county commissioners' 
courts respectively, or by virtue of a law specifically directing such 
payment to be made. 

Sec. 7. It shall be the duty of the treasurers of each and every To make report, 
county to report to the county commissioners' courts of their re- 
spective counties, at the regular terms of said courts, the amount 
of money, county orders, or other public funds, in their possession; 
also, the amount of money, county orders and other public funds 
received by them since their last reports. They shall also state in what report shaU 
said reports, the amount they may have received from each and ^^'^^^' 
every source of revenue, by whom, on what account, in what kind 
of funds, and at what time the same may have been paid into the 
treasury. The said treasurers shall also report to the county com- 
missioners' courts of their respective counties, at the regular terras 
of said courts, regular, just and true accounts of all payments out 
of the treasury, stating particularly at what time, on what account, 
in what kind of funds, and to whom each particular sum was paid 
out. 

Sec. 8. The clerks of the county commissioners' courts of the Eeports to l>e 
several counties in this state respectively, shall number, file, and^^*^^- 
carefully preserve the reports mentioned in the eighth section of 
this chapter and the said reports shall be free for the inspection of 
any individual Vrdio may wish to examine the same. 

Sec. 9. No clerk of any county commissioner's court in this 
state shall receive any money claimed by or due to either of the 
counties of this state, from any source whatever, whether on account 
of revenue, costs or fines, or from merchants, grocers, tavernkeep- 
ers, showmen, peddlers, or ferry licenses, or from any other source 
whatever. 

Sec. 10. No claim of any county, whether for revenue, costs ah moneys paid 
or fines, or for merchants, grocers, tavernkeepers, showmen, ped- *° *r«^^^^* 
dlers or ferry licenses, or from any other source whatever, shall be 
considered as having been paid and satisfied until the money or 
other funds shall have been paid to the treasurer of such county, 
and his duplicate receipts had therefor, which receipts shall specify 
the kind of money or other funds in which the payments shall have 
been made; one of Avhich receipts shall be presented to the clerk 
of the county commissioners' court of the proper county, Avhich 



224 



MISCELLANEOUS PROVISIONS. 



[diy. 6. 



said clerk shall number, file and carefully preserve the same in his 
office, which aforesaid duplicate receipts, it shall be the duty of the 
treasurer to give to any person who shall pay into the county 
treasury any money or other funds as aforesaid. 

Sec. 11. The county commissioners' court of each and every 
county in this state shall, at their June and December terms in 
each year, settle with their county treasurer, and count the funds 
then in the treasury of their county; and the clerk of said court 
shall then enter on the records of said court the amount and kind 
of funds found to be in the treasury at the time. 

Sec. 12. Should the treasurer, at any such settlement, prove a 
defaulter, and be actually in arrears with the county, the county 
commissioners shall immediately dismiss him from office, and com- 
mence suit against him on his official bond. 

Sec. 13. If any state or county officer, school commissioner, or 
any other person charged by law with having the possession and 
the safe-keeping of any public money, auditor's warrants, county 
orders or other funds belonging to the state, or to any county in the 
state, or in any way pertaining to the school funds or any county 
or township therein, shall convert to his own use, in any way what- 
ever, or shall use, by way of investment in any kind of property 
or merchandize, or for his own use shall loan, with or without in- 
terest, any portion of the public moneys, auditor's warrants, county 
orders, or any other funds intrusted to him for safe keeping, dis- 
bursement, transfer or for any other purpose, every such act shall 
be deemed and adjudged an embezzlement of so much of said 
moneys, auditor's warrants, county orders or other funds, as shall 
be thus taken, converted, invested, used or loaned, which is hereby 
declared to be a felony. Any officer of the state, or of any county, 



Settlement of 
treasurer. 



If defaulter. 



Embezzlement o: 
public funds de- 
clui-ed felony. 



Punishment. 



Statement to be 
published. 



or of any township, and all persons advising or participating in 
such act, being convicted thereof before any court of this state of 
competent jurisdiction, shall, in case the sum so embezzled, taken, 
converted, invested, used or loaned, be less than fifty dollars, be 
fined in a sum not exceeding two hundred dollars, or imprisoned 
in the jail of the proper county not exceeding three months, or 
both, at the discretion of the court before which such conviction 
shall be had ; and in case the sura so embezzled, taken, converted, 
invested, used or loaned, shall exceed fifty dollars, then the said 
officer or other person so convicted, shall be fined in a sum double 
the amount of the sum so embezzled, taken, converted, invested, 
used or loaned, and confined in the penitentiary not exceeding ten 
years, nor less than one year: provided, however, that this chapter 
shall not be so construed as to extend to any public officer or agent 
who shall loan any school or other fund in pursuance of any of the 
laws of this state. 

Sec. 14. The county commissioners' courts of this state shall 
publish annually at their June terms, in a newspaper, if one is 
printed in the county, a full and perfect statement of the financial 
affairs of their respective counties, and if a newspaper is not pub- 



my. 6.] COUNTY treasurers and county funds. 225 

Hshed in said county, then the clerks of said courts shall post the 
same up in their respective offices, which shall be kept there for 
the inspect-ion of all persons, at all seasonable hours, who may- 
desire to examine the same. 

Sec. 15. The county commissioners' court of any county in settlement may 
this state may at any time when any two of them think it for the^®''^^'^^'''"- 
interests of the people of their county so to do, call through their 
clerk upon the treasurer of their county for a settlement, and should 
said treasurer neglect or refuse to appear and make settlement as 
notifia J to do, said commissioners shall declare his office vacant, and 
proceed upon his bond as required to do in this chapter. 

Sec. 16. Should the county commissioners' court of any county Depreciated 
in this state be of opinion that the treasurer of their county has at ^^<^- 
any time used the funds of said county when current, and replaced 
tiie same in depreciated funds, they shall have the power to ex- 
amine said treasurer under oath as touching said transaction, and 
if it shall appear that he has parted with any current funds belong- 
ing to the county, and replaced the same with funds less valuable, 
they shall immediately dismiss him from office. 

Sec. 17. Should any county treasurer be dismissed from office vacancy how 
pursuant to the provisions of this chapter, it shall be the duty of 
the county commissioners' court to appoint some suitable person to 
fill the vacancy so occasioned, and the person so appointed, shall 
give bond and security as now required by law of county treasur- 
ers, and shall perform all the duties enjoined upon the county 
treasurer until one is elected and qualified. 

Sec. 18. If any clerk, county commissioner or treasurer of any Penalty for neg- 
county in this state, shall neglect or refuse to perform any of the ^' ° " ^ 
duties required of them by this chapter, they shall severally forfeit 
a sum of not less than fifty dollars, and not exceeding one thou- 
sand dollars, according to the nature and aggravation of the offence, 
to be recovered by indictment in the circuit court of the proper 
county, or by action of debt by any person who shall sue therefor, 
one-half to the person sueing, and the other half to the propei 
county. 

Sec. 19. Whenever any sheriff, coroner, constable, justice of ^«ii"i"e *o p^y 
the peace or probate justice of the peace in this state, shall, after 
proper demand made, fail, neglect or refuse to pay over any sum 
or sums of money collected or received by such officer, in and by 
virtue of his office, his said office shall be forfeited and vacated. 

Sec. 20. Whenever in pursuance of the laws of this state, any Removal from ol 
judgment shall be had or taken, against any sheriff, coroner, con- ^^^/^^J^^J^ *^' 
stable, justice of the peace, or probate justice of the peace, for any 
failure, neglect or refusal of such officer, to pay over any sum or 
pums of money collected or received by him, in and by virtue of 
his office, and it shall appear to the satisfaction of the court, that 
proper demand for the same has been made, it shall be the duty of 
,he court, or justice of the peace before whom such judgment is 
-lad or taken, further to adjudge and decree that the office of such 
15 



226 



MISCELLANEOUS PROVISIONS. 



[diy. 6. 



Penalty to dis- 
«ount warrants. 



officer, so failing, neglecting or refusing, as aforesaid, is forfeited 
and vacated, and such vacancy shall be filled as in other cases of 
vacancy, as is now provided by law. 
Auditor's war- Sec. 21. The coUcctors of the state revenue in the several 
rante^to pay taxes counties in this State, shall receive auditor's warrants in payment 
of any or all taxes due the state, in their respective counties, at 
par, and they shall not be permitted to take, buy, share or receive, 
directly or indirectly, by themselves or agent, any auditor's warrant 
or warrants, at less than the full sum due thereon, to the holder of 
such warrant or warrants. 

Sec. 22. For any violation of the provisions of the preceding 
section by any collector or collectors aforesaid, he or they shall be 
liable to double the amount so made by purchasmg or sharing said 
warrants, at less than their face, in an action of debt, before any 
justice of the peace or court of record of the proper county. One 
half of all sums so collected to go to the person complaining, 
and the other half to go to, and form a part of the school fund of 
the county w^here such collector may reside. 

Sec. 23. It shall be the duty of the county treasurer, of any 
county in this state, whenever any county order is presented for 
payment, to indorse on the back of any such order, the time when 
the same was presented for payment ; and it shall also be the duty 
of the said treasurer, to set down in a book to be kept by him for 
that purpose, the amount and date of all such county orders, to 
whom made payable, and the time when presented to the said treas- 
urer for payment ; and all county orders shall be paid according 
to their original dates ; and it shall be the duty of the county treas- 
urer, whenever any money comes to his hands, to set apart the 
amount of the order presented as aforesaid, which money shall be 
kept by the treasurer until called for; and the said treasurer, 
when he goes out of office, shall deUver said book, containing a 
list of the county orders so presented, to Ms successor, who shall 
in all tilings act as though the entries of orders were made by 
liimself. 

Approved March 3, 1845. 



Indorsement on 
county order. 



Orders paid ac- 
cording to date. 



In force April 
18, 1861. 
Treasurers to be 
elected in Novem 
ber, 1851, and 
bienially there- 
after. 



Acts repealed. 



An Act to amend the several acts relating to the election of County Treasurer. 

Section 1. Be it enacted hy the people of the State of Illinois, 
' represented in the General Assembly, That county treasurers shall 
hereafter be elected on the first Tuesday after the first Monday in 
November, A. D. eighteen hundred and fifty-one, and every two 
years thereafter. 

§ 2. So much of any and all laws now in force as provides 
that county treasurers shall hold their offices for the term of four 
years, is hereby repealed. 

Approved Feb. 17, 1851, 



DIY. 6.] DOGS — ESTRAYS. 227 

DOGS. 1 

An Act to amend chapter 30 of the Revised Statutes of 1845. in force Pebruary 

20,1861. 

Section 1. Be it enacted hy the people of the State of Illinois, count}^ courts 
represented in the General Assembly, The several county courts or p^^|;,^;^f^'^f^'^^: 
boards of supervisors in the counties of this state are hereby au- izea to tax dogs. 
thorized and empowered to make and ordain, within theii' several 
counties, such taxes or other regulations as they may deem advisa- 
ble in relation to dogs. And after such orders or regula.tions shall 
be so made, any owner of a dog or dogs, who shall refuse or neg- 
lect to comply therewith, shall not recover for any killing or injury 
done to such dog or dogs, and shall also be liable, for such non- 
compliance, to a fine of ten dollars, to be recovered by indictment 
or action of debt, in the name of the county authorities, before o^TOer re7uses^to 
any justice of the peace of the county ; and any net moneys aris- ^"o«y regulations. 
ins: in any county, under the provisions of this act, may be set Fines, how ap- 
apart for the benefit of either the road, school or general fund of 
such county. 

§ 2. This act shall be in force from and after its passage. 

Approved February 20, 1861. 

ESTRAYS. 

An Act to amend chapter thirty-nine of the Revised Statutes, entitled 

"Estrays." 

Section 1. Be it enactedhy the people of the State of Illinois, Town clerks to 
represented in the General Assembly, That the counties which ha'x'c ^'^°-^^^ bra,nus. 
adopted or shall hereafter adopt township organization, the tow 
clerk of every town thereof shall provide a book for the purpose 
of registering the mark, brand and color of any animals enumer- 
ated in chapter fifty [thirty-nine] of the revised statutes, taken up 
as an estray, which book shall be open at all times to inspection 
by all persons interested therein, and shall be deemed a part of the 
records of said town. 

§ 2. Any person who shall take up any estray according to Animals to be 
the provisions of the act to which this is an amendment, shall cause ^^^f j!^^^*^ ^ ^^* 
to be registered in the book provided in the foregoing act, the 
marks, brand and color of said estray, within five days from the 
time of such taking up. 

§ 3. This act to take effect and be in force from and after its 
passage. 

Approved February 15, 1855. 

An Act resrulatinGj the publication of Estray Is'otices. In force February 

"^ ° ^ ^ 21,1861. 

Section 1. Be it enacted hy the people of the State of Illinois, Estray notices to 
represented in the General Assembly, That the estray notices now nkiiiWin conn- 
required by law to be published in some newspaper designated by ^^ newspaper. 
the Governorj in the city of Springfield, shall hereafter be pub- 

(1) See Appendix, p. 245. 



228 



MISCELLANEOUS PROTISIONS. 



[my 



lislied also in some newspaper printed in the county in which said 
estray may be taken up ; said newspaper to be designated by the 
county clerk of said county ; and that hereafter the fee paid to the 
newspaper in Springfield for said publication be fifty cents, for 
each such notice, and the fee paid to the newspaper selected by the 
county clerk for each such publication, shall be fifty cents.* 

§ 2. This act shall take effect from and after its passage. 

Approved February 21, 1861. 



Plank road com- 
pany may con- 
Btruct road on 
state or county 
road, by agree- 
ment with super- 
visors or commis- 
Bioners of higk- 
•ways. 



HIGHWAYS. 

Plank, Gravel and Macadamized Roads. 

By an Act approved February 21, 1859, entitled "An Act to pro- 
vide for constructing, maintaining and keeping in repair plank, 
gravel and macadamized roads or pikes by a general law," after 
providing for the organization of companies for the purpose of 
constructing such roads, certain powers are given to boards of 
supervisors and commissioners of highways, contained in the fol- 
lowing section : 

§ 8. Such company may locate and construct said road or pike, 
or any part thereof, upon any state or county road, by an agree- 
ment with the county court, or in counties adopting the township 
organization, with the board of supervisors or commissioners of 
highways, in which said state or county road may be situated, or 
upon any street or alley or public ground, within the limits of any 
incorporate town or city, by an agreement with the corporate au- 
thorities of such town or city ; which said agreement with such 
county court, board of supervisors, commissioners of highways, or 
corporate authorities, shall be in writing, and filed and recorded in 
the county clerk's office of the proper county ; or may locate or 
construct such road or pike over any lands, owned and occupied 
by the state, and over any lands owned by any individual or cor- 
poration, by voluntary cession or by purchase. It shall be lawful 
for such company to appropriate and use so much of said land, not 
exceeding one hundred feet in width, as shall be necessary for the 
proper construction of such road or pike, on complying with the 
six following sections :^ 



In force Feb. 22, An Act to establish certain rules of evidence as to Highways, in Counties 
1861. adopting township organization. 

Board of snpervi- SECTION 1. Be it enacted hy the People of the State of Illinois^ 
sors may caiise revvesented in the General Assembly, That it shall be lawful for the 

old roads to be -^ _ ^ . . *" i i • i 

resurveyed. board of Supervisors m any county to empower and authorize the 
county surveyor of said county, under the direction of the highway 
commissioners of each town, to survey, locate and plat the public 

Plat to be filed, highways of each town; and when such plat shall have been com- 
pleted, and approved by the highway commissioners, it shall be 
filed in the office of said town clerk, together with the minutes and 



(1) For proTisions in full concerning EsxBAYS, 8ee Appendix, p. 246. 

(2) Sess. Laws, 859, p. 1561. 



mV. 6.] LAW OF THE ROAD. 229 

reports of such survey, and be carefully kept by such town clerk, Expense how 
as a part of his official records — the expenses of such proceedings ^^^* 
to be paid out of the road fund, by each town. 

§ 2. The said plat, minutes and report, or a certified copy of Surrey tobe 
the same, under hand and seal of the town clerk, shall be 'prima £^g"-^"^^ ®^' 
facie evidence that the road or roads therein described have been 
lawfully constituted a public highway. 

§ 3. The provisions of this act shall apply to ratify and confirm Former proceed- 
all proceedings heretofore had by any county or commissioners of "^^s legalized. 
highways and surveyor, in accordance with the provisions of the 
first section of this act, or by order of the town authorities. 

§ 4. This act shall take effect and be in force from and after 
its passage. 

Approved February 22, 1861. 

An Act to amend the general Plank Eoad Law. 

Section 1. Be it enacted by the People of the State of Illinois, Railroads author- 
represented in the General Assembly : That whenever it shall be fJr construction 
necessary for the construction of any railroad on the line of any on line of piank 
plank road now constructed or hereafter to be constructed by any 
company organized under the provisions of said law, said plank 
road company are hereby authorized to negotiate and transfer such 
plank road to said railroad company, upon the conditions following: 
that before said transfer shall be made, the vote of a majority of 
the stockholders shall be given in favor of such transfer, and fur- 
ther, that the consent of the county court of the county in which consent of board 
said plank road is situated, or board of supervisors shall first [be] teobSSd'''^ ^ 
granted, and entered upon the records of said court. 

§ 2. This act to take effect from and after its passage. 

Approved February 12, 1855. 

LAW OF THE ROAD. 

(From Chapter 93 of the Revised Statutes, title "Roads.") 

Section 1. Wlienever any persons traveling w^ith any car- Carriages turn to 
riages, shall meet on any turnpike road or public highway in this ^ '^^^^' 
state, the persons so meeting, shall seasonably turn their carriages 
to the right of the center of the road, so as to permit each carriage 
to pass without interfering or interrupting, under the penalty of Penalty. 
five dollars for every neglect or offence, to be recovered by the 
party injured: provided, this section shall not be construed to 
apply to any case, unless some injury to persons or property shall No* apply unless 
occur by the driver of the carriage or wagon refusing to turn to ^^^^'^^' 
the right of the beaten track ; nor shall it be construed to extend 
to a case where it is impracticable, from the nature of the ground, 
for the driver of the carriage or wagon to turn to the right of the 
beaten track. 

§ 2. No person owning any carriage, running or traveling upon Drunken driyer 
any road in tliis state, for the conveyance of passengers, shall ^°^^^^*^^'^' 



rso 



MISCELLANEOUS PROVISIONS. 



[diy. G. 



Penalty for em- 
ploying him. 



Use of penalty. 



Drunken drirer 
to be dismissed 



Penalty for re- 
taining him. 



Running horses 
forbidden. 



Horses not to be 
left unhitched. 



Penalty. 



Owner liable for 



employ or continue in emjiloyment, any person to drive such car. 
riage, who is addicted to di'unkenness or the excessive use of irpir- 
ituous hquors ; and if any such owner shall violate the provisions 
of this section, after he shall have had notice and reasonable prooi" 
that such driver is addicted to drunkenness, he shall forfeit at tlie 
rate of five dollars per day, for all the time during which he shall 
thereafter have kept any such di'iver in his employment, to be sued 
for by any person, and collected in any court having competent 
jurisdiction. The penalty, when recovered, shall be for the use 
of the poor of such county, except that the court in which the 
recovery shall be had, may allow a jDortion of said penalty, not 
exceeding twenty-five dollars, to be retained by such complainant 
as a compensation for his services and expenses. 

§ o. If any driver, whilst actually employed in driving any 
such carriage, shall be guilty of intoxication to such a degree as 
to endanger the safety of the passengers in the carriage, it shall 
be the duty of the owner of such carriage, on receiving written 
notice of the fact, signed by any one of said passengers, and certi- 
fied by him on oath, forthwith to discharge such driver from his 
employment ; and every such owner who shall retain or have in 
his employ, witliin three months after the receipt of such notice, 
any driver who shall have been so intoxicated, shall forfeit at the 
rate of five dollars per day for the time during Avhich he shall 
keep any such driver in his employment after receiving such 
notice, to be sued for and apphed as directed in the last preceding 
section. 

§ 4. No person driving any carriage upon any turnpike road 
or public highway within this state, Avith or without passengers 
tlierein, shall run liis horses or carriage, or permit the same to run, 
upon any occasion, or for any purpose whatever ; and every per- 
son who shall offend against the provisions of this section, shall be 
deemed guilty of a misdemeanor, and, on conviction thereof, shall 
be fined, not exceeding one hundred dollars, or imprisoned, not ex- 
ceeding sixty days, at the discretion of the court. 

§ 5. It shall not be lawful for the driver of any carriage used 
for the purpose of conveying passengers for hire, to leave the 
horses attached thereto, while passengers remain therein, without 
first making such horses fast Avith a sufiicient halter, rope or chain, 
or by placing the lines in the hands of some other person, so as to 
prevent their running ; and if any such driver shall offend against 
the provisions of this section, he shall forfeit for the use of the 
poor, the sum of twenty dollars, to be recovered by action to be 
commenced within six months ; and unless the amount of such 
recovery be paid forthwith, execution shall be immediately issued 
therefor. 

§ 6. The owners of every carriage running upon any turnpike 
road or public highway for the conveyance of passengers, shall be 
liable jointly and severally, to the party injured, in all cases, for 
all injuries and damages done by any person in the employment 
of such OAvners as a driver, while driving such carriage, to any 



DIV. 6.] LAW OF THE ROAD. 231 

person, or to the property of any person ; and that, whenever the 

act occasioning such injury or damage be willful, negligent or oth- 

erwisCj, in the same manner as such driver would be liable. Any Penalty of offend- 

driver of any mail stage coach, or any other vehicle for the con- ™° ^^'^''^^• 

veyance of passengers, willfully offending against the provisions 

of this chapter shall be deemed guilty of a misdemeanor, and, on 

conviction thereof, shall be imprisoned, not exceeding four months, 

or fined, not exceeding three hundred dollars. 

§ 7. The term " carriage," as used in this chapter, shall be con- jieaningof "car- 
strued to include stage coaches, wagons, carts, sleighs, sleds, and "^s^-" 
every other carriage or vehicle used for the transportation of pas- 
sengers and goods, or either of them. 

§ 8. Nothing contained in this chapter shall interfere with, or Hackney coach, 
affect any law concerning hackney coaches or carriages in any of ^^^^ ^^^ changea. 
the cities of this state, nor interfere with, nor affect the laws or 
ordinances of any such city for the licensing or regulating such 
coaches or carriages. Justices of the peace shall have jurisdiction ji^stices' juria- 
in all cases arising under this chapter, where the penalty does not diction 
exceed one hundred dollars. 

§ 9. All roads within this state, which have been laid out in wimt are public 
pursuance of any law of this state, or of the late territory of Illi- ^igt^^ws- 
nois, and which have not been vacated in pursuance of law, are 
hereby declared to be pubhc highways. 



232 LOCAL AND SPECIAL PROVISIONS. [DIV. 7. 



DIVISION VII. 

LOCAL AND SPECIAL PROVISIONS. 

In force Februa- An Act to enable the Board of Supervisors of Boone County to levy anaddi- 
ry 19, 1859. tional Tax for certain purposes therein named. 

^*^- Section 1. Be it enacted hy the people of the State of Illinois, 

represented in the General Assembly, That the board of supervisors 
of the county of Boone may, at their annual meeting, levy a tax, 
not exceeding two mills on the dollar, over and above the amount 
now allowed by law for county purposes ; which shall constitute a 
fund, separate from the county revenue, and shall be appropriated 
either to the payment of the outstanding bonds of said county or 
the purchase of a poor farm and the erection of suitable buildings 
thereon, and for no other purpose, and shall cease when the afore- 
said objects have been accomplished. 

Special tax. § 2. Said Special tax shall be levied and collected in the same 

manner as other tax is. 

§ 3. This act shall take effect from and after its passage. 
Approved February 24, 1859. 

In force Februa- An Act empowering the Board of Supervisors of Jo Daviess County to levy 
ry 18, 1859. certain Taxes therein named. 

Authorized to SECTION 1. Be it enacted hy the people of the State of Illinois, 

bridges!^ °^ represented in the General Assembly, That the people of the county 
of Jo Daviess, by their board of supervisors, be and are hereby 
authorized to levy a tax, of one mill upon the dollar, upon all tax- 
able property in said county, for the purpose of erecting bridges 
and maintaining same in said county. 
Taxes to liqui- § 2. Be it also enacted, That the people of said county of Jo 
date county debt j)r^yiggc.^ \^y their board of supervisors, be and [are] hereby author- 
ized and empowered to levy a further tax, of two mills upon the 
dollar, upon all taxable property, to be used as a sinking fund, for 
the purpose of liquidating the indebtedness of said county. 
§ 3. This act shall be in force from and after its passage. 
Approved February 18, 1859. 

In force Februa- An Act to legalize certain Roads in certain towns therein named. 

SrtLin roads de- SECTION 1. Be it enacted hy the people of the State of Illinois, 
tiaxeahighyiSLys. represented in the General Assembly, That all roads in the town- 
ships of Belvidere and Flora, county of Boone, and state of Illi- 
nois, surveyed, located, platted by and under the direction of the 
highway commissioners of said townships, in the year eighteen 
hundred fifty-six, are hereby declared public highways. 



DIV. 7.] LOCAL AND SPECIAL PROVISIONS. 233 

§ 2. And that the record kept in the office of the clerks of said Record to be evi- 
towns shall be evidence of the locations and establishing of said ^®^^' 
roads or highways in all courts having jurisdiction of subject mat- 
ters that may at any time or in any manner arise in reference to 
the said highways. 

§ 3. And that all roads and parts of roads, in said towns, here- Eoada vacated 
tofore declared vacated by said commissioners, be and the same are 
hereby vacated. 

§ 4. And that said roads established by this act shall be sub- Maybe relocated. 
ject to alterations, relocations and vacations by the highway com- 
missioners of said towns, as other roads now are or may hereafter be. 

§ 5. This act to take effect from and after its passage. 

Approved February 5, 1857. 

An Act to legalize the acts of the Commissioners of Highways in the town In force April 20, 
of Bloomingdale, and county of Du Page. ^^~- 

Section" 1. Be it enacted hy the people of the State of lllinoisy 
represented in the General Assembly, That the acts of the commis- 
sioners of highways for the town of Bloomingdale, in the county 
of Da Page, in surveying, laying out and establishing roads and 
public highways in said town, from April 17th, 1851, to February 
12th, 1853, be and the same are hereby legalized and confirmed, 
so far as they have been opened and worked ; and all roads sur- 
veyed, laid out and opened by them are hereby declared public 
highways. 

Approved February 16, 1857. 

An Act to authorize the Commissioners of Highways of the town of Wayne, In force Febm*- 
in Du Page county, to alter the route of a certain state road. ^^ -'•^' ^^^"• 

Section 1. Be it enacted by the people of the State of Illinois, Commissioner^ 
represented in the General Assembly, That the commissioners of*^^*^^'" 
highways of the town of Wayne, in Du Page county, are hereby 
authorized to alter the route of so much of the state road located 
through said town in the year 18-1:9, by Elijah Wilcox, Augustus 
Adams and Luther Herrick, commissioners, as runs across section 
five, in said town, whenever such alteration shall be petitioned for 
in the manner required by sections one and two of article four of 
the act to provide for township organization. 

§ 2. The said commissioners of highways, in the exercise of iiow proceed, 
the authority conferred by this act, shall proceed in the same man- 
ner as is required by the laws now in force relative to the altera- 
tion of other roads, and appeals may be taken and prosecuted from 
orders made by them, either in relation to the alteration of said 
road or the assessment of damages, as in other cases, and the super- 
visors to whom such appeals are taken shall be governed by the 
laws now in force relative to road appeals. 

§ 3. This act to take effect from and after its passage. 

Approved February 16, 1857. 



234 



LOCAL AND SPECIAL PROVISIONS. 



[DIV. 7. 



In force Teb. 12, An Act entitled 
1853. 



Penalty. 



An Act to prevent Sheep and Swine from running at large 
in the county of Du Page." 



Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That from and after the first 
day of March next, it shall not be lawful for any person or persons, 
possessor or possessors of any sheep or swine, to allow them to run 
at large within the county of Du Page ; and if any person or per- 
sons, being the owner or owners, possessor or possessors of any 
sheep, lamb or lambs, hog or hogs, shoat or shoats, pig or pigs, 
shall permit them or any of them to run at large within said county 
of Du Page, such person or persons shall forfeit and pay the sum 
of five dollars to any person or persons making complaint before 
any justice of the peace in the state of Illinois, to be collected as 
in action for debt before such justice of the peace, with the costs 
of the suit. 

Approved February 12, 1853. 



In force Jan. 27 

1853. 



Penalty 



An Act to prevent Sheep and Swine from running at large in Henry, Will 
and Livingston Counties. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That from and after the first 
day of March next, it shall not be lawful for any person or persons, 
possessor or possessors of any sheep and swine, to allow them to 
run at large within the counties of Henry, Will, and Livingston 
and Lake ; and if any person or persons residing within said coun- 
ties of Henry, Will, and Livingston and Lake, being the owner or 
owners, possessor or possessors of any sheep, hog or hogs, shoat or 
shoats, pig or pigs, shall permit them to run at large within said 
counties as aforesaid, such person or persons shall forffut and pay 
the sum of five dollars per head to any person or persons making 
complaint before any justice of the peace in and for said counties, 
to be collected as in action for debt before such justice of the peace, 
with the costs of suit. 

Approved January 27, 1853. 



In force Feb, 16. 
1859. 



Act extended. 



An Act to amend an act entitled " An Act to prevent Sheep and Swine from 
running at large in Henry, Will and Livingston Counties," approved Jan. 
uary 27th, 1853, so as to extend the provisions thereof to the County of 
Lake. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That the provisions of the act 
entitled "An act to prevent sheep and swine from running at large 
in Henry, Will and Livingston counties," approved January 27th, 
1853, be and the same are hereby extended to the county of Lake, 
to all intents and purposes, the same and as effectually as if said 
county had been originally embraced in the title of the above men- 
tioned act. 

§ 2. This act shall take effect and be in force from and after 
its passage. 

Approved February 19, 1859. 



DIV. 7.] LOCAL AND SPECIAL PROVISIONS. 235 

An Act to legalize the acts of the Commissioners of Highways for the county in force Feb. 21, 
of Iroquois, for the year 1S57. l^^^- 

Section 1. Be it enacted hy the People of the State of Illinois, Acts of the com- 
represented in the General Assembly, That the acts of the commis- missioners of 
sioners ot highways, within and lor the county oi Iroquois, tor the ked. 
year A. D. 1857, be and the same are hereby legalized ; and that 
all roads located by said commissioners shall be deemed as lawful 
as if said commissioners had given pubHc notice, as is now required 
by law ; and that in all cases hereafter, that petitioners for the 
location of any new road or the alteration of an old one, that com- 
missioners of highways require the petitioners, as aforesaid, to 
deposit with them a sufficient amount to defray the expenses of the Petitioners to de- 
view and survey of the proposed route ; and if the prayer of the amiun^^o defray 
petition shall be granted, then and in that case said money shall be expenses of view. 
refunded immediately to the petitioners, and the township shall 
defray all the expenses for the services aforesaid : provided, the pro- Proyiso. 
visions of this act shall not apply to the town of Loda, in said county. 

§ 2. This act to take effect and be in force from and after its 
passage. 

Approved February 21, 1859. 

An Act to amend the Township Organization Law. Inforce March 1, 

Section 1. Be it enacted hy the People of the State of Illinois, \nca.te or relocate 
represented in the General Assembly, That the commissioners of ^^^^ ^'^^'^• 
highways in the several towns in the counties of Kane and De 
Kalb be and they are hereby authorized and empowered to alter, 
vacate or relocate any and all state roads that have been or may 
hereafter be located in their respective towns, and shall have the 
same power and control over state roads that they now or here- 
after may have over other roads under the township organization law. 

§ 2. That sheep be permitted to run at large in Will county, Sheep, 
unless by vote of the people, at their town meeting in any town, it 
shall be otherwise determined. 

§ 3. This act to take effect and be in force from and after its 
passage. 

Approved March 1, 1854 

An Act to repeal an Act entitled "An Act to prevent Swine and Sheep from In force Fehraary 
running at large in Iroquois county, and for estabhshing and maintaining ^' 1^^^- 
pounds in said county. 

Section. 1. Be it enacted hy the People of the State of Illi- 
nois, represented in the General Assembly. That the above mention- 
ed act, which w^as approved February 10th, A. D. 1853, be and 
the same is hereby repealed. 

§ 2. The said county of Iroquois shall be governed by the act 
establishing toAvnship organization, so far as the regulation con- 
cerning the running at large of animals is concerned. 

§ 3. This act is to be in force from and after its passage. 

Approved February 22, 1861. 



paupers. 



236 LOCAL AND SPECIAL PROVISIONS. [dIV. 7. 

In force February An Act to require each- town in Kankakee county to take care of its poor. 
20, 1861. 

Section 1. Be it enacted hy the People of the State of Illinois j 
represented in the General Assembly, That the several towns, now 
created or that may be hereafter created in the county of Kankakee, 
be and they hereby are empowered and required to support all 
paupers residing within their respective limits, out of the treasury 
thereof. 
Duties of over- § 2. That the overseers of the poor of the towns aforesaid shall 
seera of the poor. ^^^ charge of, maintain and support the poor of their respective 
towns, in manner as is now or hereafter may be provided by law; 
and all expenses incurred for such maintenance and support shall 
be considered a town charge, and it shall be the duty of said over- 
seers to present to the board of town auditors of their respective 
towns, at each regular annual meeting thereof, a true account of all 
expenditures incurred under the provisions of this act, which shall 
be audited and paid as other town charges are audited and paid. 
JJ^on^resident § 3. If any person shall become chargeable, in any town of 

said county, in which he or she did not reside at the commencement 
of the thirty days immediately preceding his or her becoming so 
chargeable, he or she shall be taken care of by the overseers of the 
poor of such town ; and if such poor person was a resident of any 
other town of said county, within the thirty days aforesaid, then 
the overseer of the poor of the town having such poor person in 
charge shall give notice to the overseer of the poor where such 
pauper resides as aforesaid, stating that such pauper became charge- 
able as a pauper, and requesting said overseer to remove said 
pauper forthwith, and pay the expenses incurred in taking care of 
him or her. 
Revised Statutes, § 4. That the provisions of sections fourteen, fifteen and six- 
t ap er eig y ^^^^^ ^^ chapter eighty, of the Revised Statutes, entitled " Paupers,** 
shall apply to and operate, as between the several towns of said 
county, in the same manner as they do between the several counties 
of this state. And if any person shall become chargeable in any 
town of said county, who did not reside in said county at the com- 
mencement of the thirty days as aforesaid, then the overseer of the 
poor, having such pauper in charge, shall give notice thereof to the 
authorities of the proper county, as in other cases; and the ex- 
penses of taking care of such paupers, when received from such 
foreign county, shall be paid into the treasury of the proper township. 
County poor § o. All paupers at the county poor house shall, on the passage 

house. ^£ ^j^g ^^^^ -^^ taken by the keeper of the poor house to the several 

towns to which they belong, and delivered to the overseers thereof, 
and to be by them supported, as provided by this act. 

§ 6. The electors of the several towns of said county, at their 
annual town meetings, may prescribe such rules and regulations, 
for the support of paupers of their respective towns, as they may 
deem most expedient. 

§ 7. This act to take effect immediately. 
Approved February 20, 18G1. 



DIV. 7.] LOCAL AND SPECIAL PROVISIONS. 237 

An Act to prevent Sheep and Swine from running at large within the county in force April 1, 

of Mason. 1857. 

Section 1. Be it enacted hy the People of the State of Illinois, soti&wfni for 
represented in the General Assembly, That from and after the first ^ Tun'^aUar"?^ 
day of April, A. D. 1857, it shall not be lawful for any person or 
persons, possessor or possessors of any sheep, hog or hogs, shoat 
or shoats, pig or pigs, to allow the same to run at large within the 
county of Mason ; and if any person or persons, being the owner 
or owners, possessor or possessors of any such sheep, hog or hogs, 
shoat or shoats, pig or pigs, shall permit the same to run at large 
within the county aforesaid, such person or persons, possessor or 
possessors shall forfeit and pay the sum of five dollars per head to 
any person or persons making complaint before any justice of the 
peace in and for said county, to be collected as in an action for 
debt before such justice of the peace, together with the costs of suit, 
and shall also pay all damage resulting from the running at large 
of such sheep or swine to the person or persons so damaged ; pro- ProTiao. 
vided, however, said sheep, hog or hogs, shoat or shoats, pig or pigs, 
shall not be considered as running at large while they remain upon 
the premises of the owner or owners, possessor or possessors of the 
same, not occupied by any other person or persons. 

§ 2. The provisions and penalties of this act shall not apply to 
tlie owner or owners of sheep or s-\vine running at large upon the 
unoccupied lands located in the IlUnois river bottoms, the Sangamon 
river bottoms or the Salt creek bottoms, within the county of Mason 
aforesaid ; and this act shall not be so construed as to prevent or in 
anywise interfere with persons driving sheep or swine to or from 
the market where such sheep or swine may have been bought or 
sold. 

§ 3. This act shall be in force from and after the first day of 
Aj^ril next. 

Approved February 14, 1857. 

An Act to legalize a certain record of the county commissioners' court of infoj-ceFebru 
Will county, establishing a certain road therein named. sxj 18, 1857. 

Section 1. Be it enacted hy the people of the state of Illinois, ne^,t of smyey 
represented in the General Assembly, That the record of a certain 
proceeding in the county commissioner's court of the county of 
Will, approving the report of a survey of a road from section 
number two, town thirty-seven, range nine east of the third princi- 
pal meridian, in the county of Will, to intersect the Naperville and 
Plain field road, as the same is now recorded, be and the same is 
hereby established and confirmed and the said road declared to be Conflrmed. 
legally layed, according to the said survey; and the board of super- 
visors are hereby authorized to direct the same to be opened when- 
ever the public interest shall require. 

Approved February 18, 1857. 



238 



LOCAL AND SPECIAL PROVISIONS. 



[diy. 7. 



In force Febru- An Act to authorize the commissioners of highways, in the respective towns, 
ary 18, 1857. in the county of Peoria, to alter, change, relocate or discontinue certain 

roads therein named, and also for the survey and location of a certain road. 

therein named. 

(Commissioners of SECTION 1. Be it enacted hy the people of the State of Illinois, 
represented iri the General Assembly, That tlie commissioners of 
highways in any town in the county of Peoria are hereby author- 
ized and empowered to change, aUer, relocate or discontinue the 
Peoria and Rock Island state road or the road from Brenfield to 
Rochester : provided, they do not materially increase the distance 
of travel on said road or roads or do not place said road or roads 
on worse grounds than now occupied : and, provided, they do not 
discontinue said road unless a majority of the legal voters residing 
within one and a half miles of said road, by petition requesting 
the same to be done. 



highways. 



Not to 
distance 



In force Febru- 
ary 18, 1857. 

Unlawful to run 
at large. 



Proviso. 



Certain laws in- 
applicable. 



An act to prevent sheep and swine from running at large in the counties of 
Stark, Putnam and McLean. 

Section 1. Be it enacted hy the people of the State of Illinois, 
represented in the General Assembly, That it shall not be lawful for 
any person or persons, possessor or possessors of any sheep or 
sheep, or hog or hogs, shoat or shoats, pig or pigs, to allow the same 
to run at large within the counties of Stark, Putnam and McLean ; 
and if any person or persons, residing in said counties of Stark, 
Putnam and McLean, being the owner or owners, possessor or pos- 
sessors of any such sheep or sheep, hog or hogs, shoat or shoats, 
pig or pigs, shall permit the same to run at large within said 
counties as aforesaid, such person or per.-ons, possessor or pos- 
sessors, shall forfeit and pay the sum of five dollars per head to 
any person or persons making complaint before any justice of the 
peace in and for said counties, to be collected as in an action for debt, 
before such justice of the peace, together with the costs of suit : 
provided, however, said sheep or sheep, hog or hogs, shoat or shoats, 
pig or pigs, shall not be considered as running at large while they 
remain upon the premises of the owner or owners, possessor or 
possessors of the same, not occupied by any other person or per- 
sons. 

§ 2. That so much of the sixth clause of the fourth section of 
the third article of an act entitled " An act to provide for tov.^nship 
organization," approved February 17, 1851, as gives to the electors 
of each town in counties adopting township organization the power, 
at their annual town meeting, "to determine the time and manner 
in which hogs and sheep shall be permitted to run at large," be 
and the same is hereby declared inapplicable to said counties of 
Stark Putnam and McLean, whether the same are now or may 
hereafter be organized under the provisions of said act. 

§ 3. This act shall take effect and be in force from and after 
the first day of April, 1855. 

Approved February 14, 1855. 



\ 



[DIV. 7. LOCAL AND SPECIAL PROVISIONS. 239 

COOK COUNTY. 

An Act to amend an act entitled " An act to provide for township organiza- in force Febni- 

tion," ary21, 1859. 

Section 1. Be it enacted hy the people of the State of Illinois, section amended. 
represented in the General Assembly, That the fourth section of 
article sixteenth of an act to provide for township organization, 
approved February 17, 1851, so far as is applicable to the county 
of Cook, be so amended that it shall require two-thirds of all the 
supervisors elected to appropriate money from the county treasury 
for construction of roads and bridges. 

§ 2. This act shall take effect and be in force from and after 
its passage. 

Approved February 21, 1859. 

An Act to change the time of holding town meetings in the county of Cook, in force Febru- 

Section 1. Be it enacted hy the people of the State of Illinois, Town meetuisrs. 
represented in the General Assembly, That hereafter the annual 
town meetings in the county of Cook shall be held on the first 
Tuesday next after the first Monday of November in each year. 

§ 2. The supervisor of each town in said county of Cook shall Board of eiectioo. 
be the moderator of the meeting, and shall, at the same time, be 
one of the board of election, now provided for by law. The town 
clerk shall also act as one of the clerks of the election, as also of 
the town meeting. In case the supervisor and town clerk, or either 
of them, should be absent, then the electors present shall choose 
from their number to fill the board of election, and the business of 
the town meeting, as also the election, for state, county, town and 
other otficers shall proceed in all respects as if they were present. 

§ 3. The town officers now in office in said county of Cook, ^own omcers. 
shall hold over until the next general election after their term of 
office, for which they were elected expires, and until their suc- 
cessors are elected and qualified. 

§ 4. In the towns of North Chicago, West Chicago, South r^^^ meetin<^ 
Chicago, and such other towns as may hereafter be created out of abolished, 
said towns, the town meetings now provided for by law, shall be 
abolished and the board of auditors, now provided for by law, and 
the assistant supervisors and ward supervisors shall constitute a 
board, who shall transact all the town business now provided by 
law to be transacted by the town meeting. 

§ 5. The town officers for the towns of North Chicago, South Town officers. 
Chicago, and West Chicago shall be voted for by wards or election^ 
precincts, and the returns of the elections shall be made to the town 
clerk of said towns, who, calhng to his assistance two justices of 
the peace of said county, shall canvass the votes and grant certifi- 
cates of election to the persons receiving the highest number of 
votes. The judges of election appointed by the common council 
of the city of Chicago in each year, shall hold said elections. 



240 



LOCAI, AND SPECIAL PEO VISIONS. 



[diy. 



meetings. 



In force Peb. 11 
1851. 

Superrisow »«- 
thorized to bor- 
row money. 



To issne bonds. 



Hetums. § 6. The board of election shall make returns to the counfj 

clerk for all the offices voted for, except the town officers, arid 
shall declare who are elected town officers, as now provided for bj 
law. 

§ 7. Special town meetings maj be held during the ^ear 1859, 
to transact the business which the changing of the time for the 
annual town meeting by this act, may make necessary. 

§ 8. This act shall take effect and be in force from and after its 
passage. 

Approved February 24, 1859. 

An Act to authorize the Board of Supervisors of Cook County to borrow 

Kioney. 

Section 1. Be it enacted hy the People of the State of Illinois, 
represented in the General Assembly, That the Board of supervi- 
sors of the county of Cook, and their successors in office, be and 
they are hereby authorized and empowered to borrow upon the 
faith and pledge of said county, such necessary sum or sums of 
money, for any term of time, and at such rate of interest, payable 
at such place as they may deem expedient, not exceeding fifty 
thousand dollars, and to issue bonds or scrip therefor, under the 
seal of the county court of said county, signed by the chairman 
of said board of supervisors, or by his successor in office, and coun- 
tersigned by the clerk of said board, or his successor in office : pro- 
vided, that when any money is borrowed under the authority of 
this act, the time for the repayment of the same shall be so fixed 
so that not exceeding five thousand dollars of the principal so bor- 
rowed shall fall due in any one year. Any sum or sums borrowed 
under the authority of this act, shall be applied by the board of 
supervisors, or their successors in office, for the use and benefit of 
said county, in the payment of the debts of the said county, and 
for the purchase of a lot or lots for a jail, and the erection thereof, 
in and for said county, for the repayment of any sum or sums so 
})orrowed, with the interest upon the same. The said board of su- 
pervisors, or their successors in office, are hereby authorized to 
pledge the revenue accruing to tlie said county. 
Special tax. § 2. The board of supervisors of said county, or their succes- 

sors in office, are hereby authorized and required to levy and col- 
lect a special tax upon all the taxable property in the county of 
Cook, sufficient to pay the accruing interest semi-annually, on any 
sum or sums they may borrow under the authority of this act, and 
to repay the principal as it may become due, at a rate of not ex- 
ceeding five thousand dollars in any one year. Said taxes shall 
be levied and collected at the same time and in the same manner 
that other taxes of said county are levied and collected, and when 
collected, shall be applied by said board of supervisors, or their 
successors in office, to the payment of the interest and the repay- 
ment of the principal of the money borrowed under the authority 
of this act, and to no other use or purpose whatsoever, until the 
whole of the money so borrowed is paid up in full ; and the per- 



i'roTiso. 



Money how 
applie<l. 



DTV. 7.] LOCAL AND SPECIAL PROVISIONS. 241 

sons loaning money to said county as aforesaid are to be in no way 
responsible for the faithful application or use of the money thus 
borrowed. 

Approved February 11, 1851. 

An Act in relation to Town Meetings in Cook County. In force February 

Section 1. Be it enacted by the People of the State of Illinois, Report of tax 
represented in the General Assembly, That at any regular town yo^e<i *» be made 
meeting, in any town of Cook county, except the towns of North 
Chicago, South Chicago and West Chicago, where the legal voters 
shall vote a tax for any purpose, it shall be the duty of the town 
clerk of such town to report to the county clerk of said county, 
within five days thereafter, the amount of such taxes, voted as 
aforesaid; and said county clerk shall forthwith enter the same 
upon the collector's book of such toAvn, before the delivery of such cierk to enter on 
book to the collector ; and the tax so voted and levied shall be and collector's book. 
be held as a special fund for the purpose for which the same was 
voted. 

§ 2. This act shall take effect and be in force from and after 
its passage. 

Approved February 21, 1861. 



16 



APPENDIX 



[At the late special session of the Legislature, some important 
acts were passed affecting township organization. A further edi- 
tion of this compilation being called for, the compiler has thought 
proper to add in an Appendix those acts referred to, passed at the 
special session, which acts will be found under the head of "Mili- 
tary Affairs," in the Appendix; these relate, among other 
things, to the assessment and collection of taxes in certain cases, ' 
and certain duties of boards of supervisors and township assessors. 
Several other acts of a general nature have likewise been added 
in this Appendix, being considered as important in rendering this 
compilation more complete.] 

CENSUS. 
(From Chapter Nineteenth of the Revised Statutes.) 

Section 1. An enumeration of the inhabitants of this state census taken 
shall be taken on the first day of July, one thousand eight hundred ^^^^^ ^^® >'^*"- 
and forty-five, and at the end of every five years thereafter. 

§ 2. The enumeration shall be taken by commissioners, to be Taken by com- 
appointed by the county commissioners' courts of the respective ^JSted?^^ ^^' 
counties. 

§ 3. The enumeration of the inhabitants of any unorganized in unorganized 
county shall be taken by the commissioner of the county to which ^kwi^^^ ^^^^ 
such unorganized county is attached ; the table of enumerations in 
such counties to be kept distinct from each other. 

§ 4. Before entering upon their duties, each of such commis- commissioner to 
sioners shall file in the office of the county commissioners' clerk of take and file oath. 
his county, in substance the following oath: "I, A. B., do solemnly Form of oath, 
swear, that I will make a just and perfect enumeration and descrip- 
tion of all persons resident within the county of C, (and the 
county of D., thereto attached, when such is the fact,) and perform 
all other duties required of me by law, according to the best of my 
knowledge and abilities." 

§ 5. Each commissioner shall commence taking such enumera- when to com. 
tion on the first day of July in each year in which such enumera- "^ence taking 
tion is required to be taken, and shall ascertain and set down in a 
book to be kept for that purpose, in a convenient tabular form, the 
following facts : the number each, of white males and females of 



244 APPENDIX. 



"What facts to as- ten years of age and under ; over" ten and not over twenty ; over 
S'itSok!'^ ^''*^'' twenty and not over thirty ; over thirty and not over forty ; over 
forty and not over fifty ; over fifty and not over sixty ; over sixty 
Number of males and not over Seventy; over seventy and not over eighty; over 
tweeuTel^in^' eighty and not over ninety ; over ninety and not over one hundred ; 
ages. Qygj. Q^Q hundred : also, the number of white male persons between 

the ages of eighteen and forty-five years, subject to military duty : 
Persons of color, also, each, of free male and female persons of color, of all ages ; 
French negroes of indentured or registered servants and their children ; of French 
and muiattoes. ncgrocp and mulattocs held in bondage : also, the number of manu- 
Manufacturers. factories of every kind, and the annual product of each kind ; the 
Coal miners. number and annual product of coal mines ; the value of live stock ; 
Agricultural and valuc of grains produced ; value of all other agricultural pro- 
other products. (Jucts ; the number of pounds of wool ; number of mills and dis- 
tilleries ; the number of universities or colleges ; academies and 
grammar schools, and common schools, with the number of pupils 
in each. 
Enumeration to § 6. The Said enumeration shall be made by an actual inquiry 
hTq'Siy!^^^"*''''^ at each dwelling house, or from the head of each family, when the 
same can be conveniently done, or otherwise from the best in- 
formation that can be obtained, where there shall be no fixed place 
of residence, or the head of such family, or other person to be in- 
cluded in such enumeration, shall be absent from the county or 
state. 
Commissioners to § 7. Each of said commissioners shall, on or before the first 
make returns of ^[r^j ^f Qctobcr, of cach vcar in which the enumeration is required 

census. -^ ' . *'i p t ^ • 

to be taken, transmit to the secretary oi state, and to the commis- 
sioners' court of his county, his return, by him duly certified as 
correct, full and true, so far as he has been able to ascertain. He 
shall also transmit to the adjutant-general of the state a certified 
statement of the number of persons subject to military duty. 
ShaU give tota. Sucli commissioner in his report shall at the foot of each column, 
ftSs.^''°^''^^^'list or class, give the total number or amount, and shall give the 

aggregate number of all the inhabitants of the state. 
Commissioner § 8. Each Commissioner failing or neglecting to make proper 

t^S*°°^^^^"'^*^'^'®^^^^^' ^^ aforesaid, or making a false return of the enumeration 
to the clerk of the county commissioners' court of the county, to 
the secretary of state, and adjutant-general, within the time limited 
Penalty therefor, by this chapter, shall forfeit the sum of three hundred dollars, re- 
coverable in the circuit court, of the county where such offence 
shall have been committed, by action of debt, information or in- 
dictment ; the one-half thereof to the use of the informer, and the 
Judges to give Other half to the county. And for the more effectual discovery of 
Kon°kf c°hargif ^^^^ offcnccs, the judgcs of the several circuit courts, in this state, 
to grind juries, at their next term to be held after the expiration of the time al- 
lowed for making the returns of the enumeration hereby directed, 
shall give this chapter in charge to the grand juries of their re- 
spective counties, and shall cause the returns of the commissioner 
to be laid before them, for their inspection. 



DOGS. 245 



§ 9. Each person, whose usual place of abode shall be in any AVhoshau be con- 
family, on the said first Monday in July, in the year of our Lord, turned as^em"- 
one thousand eight hundred and forty -five, and on the first Monday i^ers of families. 
in July, every fiftJi year thereafter, shall be returned with the 
members of such family ; and the name of every person who shall 
be an inhabitant of any county, or the attached part thereof, with- 
out any fixed place of residence, shall be inserted in the county in 
which he or she, shall be on the said first Monday in July ; and 
every resident person who shall be absent from the county or state, who considered 
at the time of taking any such enumeration, shall be set down as ^^^^<^^^*s- 
belonging to the place where he or she, usually resides in this 
state. 

§ 10. Each free person, over the age of sixteen years, whether Heads of families 
heads of families or not, belonging to any family within any county, de?acS)^un?o?^° 
made or established in this state, shall be and hereby is obliged to persons in family. 
render to the commissioner appointed in said county, if required, a 
true account, to the best of his or her knowledge, of every person 
belonging to such family, respectively, according to the several 
descriptions aforesaid, on pain of forfeiting twenty dollars, to be Penalty for refus- 
sued for and recovered, by action of debt, by such commissioner, "^^' 
for the use of the proper county: provided, that in all cases where Prot-woastomin- 
any such fine shall be assessed against any minor or minors, the °^^ 
same shall be paid by his, her or their parent or guardian ; and in 
case of his or her refusal to pay the same, an attachment may be 
issued to enforce the payment thereof. 

§ 11. Each of said commissioners shall receive at the rate of Compensation of 
two dollars for every hundred persons returned, for the first two <=o°^^^2^°^«^s. 
thousand ; at the rate of one dollar and seventy-five cents for each 
hundred persons returned, over two and not exceeding three thou- 
sand ; at the rate of one dollar and fifty cents for the fourth thou- 
sand ; at the rate of one dollar and twenty-five cents for the fifth 
thousand ; and at the rate of one dollar for each hundred over and 
above five thousand ; to be paid out of the state treasury, out of Compensation to 

^ ^1 . • , 1 be paid out of 

any moneys not otherwise appropriated. state treasury. 

§ 12. The secretary of state shall receive and file such returns Secretary of state 
in his office, and return the same to the speaker of the house ^f^ fa ere turns an 



return to speaker 

representatives, on or before the second day of the next session of ^o^v^« ^^ ^^p^^* 
after such enumeration is made ; and the adjutant-general shall file 
the returns to be made to him of the number of persons subject to 
militia duty, as aforesaid, in his ofiice ; and shall immediately there- 
after make out a statement of the whole number of such persons, 
and report the same to the secretary at war of the United States. Report to the sec- 
Approved March 3, 1845. '''^'' '' "^" 

DOGS. 

An Act providing for the payment of damages done by Dogs. In force Februa- 

Section 1. Be it enacted hy People of the State of Illinois, 0\mevUa.hiQ. 
represented in the General Assembly, That the owner of any dog or 
dogs shall be liable in an action on the case for all damages that 



246 APPENDIX. 



may accrue to any person or persons in this state, by reason of such 
dog or dogs killing, wounding, or chasing any sheep or other 
domestic animal, belonging to such other person or persons ; and 
when the amount of such damages does not exceed one hundi-ed 
dollars, the same may be recovered by an action before a justice of 
the peace. 
Authorize to kiu. § 2. If any person shall discover any dog or dogs in the act of 
killing, wounding, or chasing sheep in any portion of this state, or 
shall discover any dog or dogs under such circumstances as to 
satisfactorily show that such dog or dogs has been recently engaged 
in killing or chasing sheep, for the purpose of kilUng them, such 
person is authorized to immediately pursue and kill such dog or 
dogs. 

This act to take effect from and after its passage. 

Approved February 11, 1853. 



ESTRAYS. 

(From Chapter Thirty-ninth of the Revised Statutes.) 

Persons taking up SECTION 1. Every pcrson who shall take up any estray horse, 
pnSd.^°^ *^ mare, colt, mule or ass, after having given not less than ten nor 
more than fifteen days' notice, by posting up notices in three of the 
most public places in the justice's district in which he resides, shall 
take the same before some justice of the peace of the county where 
such estray shall be taken up, and make oath before such justice, 
that the same was taken up at his or her plantation or place of resi- 
dence in said county, and that the marks or brands have not been 
altered since the taking up. 
Justice to appoint § 2. The Said justice shall then issue his warrant to three dis- 
appraisers. interested housekeepers in the neighborhood, unless they can other- 

wise be had, causing them to come before him to appraise said 
Appraisers to be cstray, after they or any two of them being sworn to appraise such 
eworn. estray, without partiality, favor or affection ; which appraisment, 

together with the marks, brands, stature, color and age of such 
Description to be horse, mare or colt, mule or ass, shall be entered in a book to be 
entered and certi-j^gp^ by such justicc, and Certified under his hand, and transmitted 
to the clerk of the county commissioners' court of such county, 
witliin fifteen days after the same is taken up. 
Proceedings in § 3. Any person who shall take up any head of neat cattle, 
ti^,^sbeep!hogs OT shccp, hog or goat, after having given the notice required in sec- 
goats, tion one of this chapter, shall go Avith some householder before a 
justice of the peace of the county, and make oath before him as is 
required in taking up an estray horse, mare or colt, mule or ass, 
and then such justice shall take from such housekeeper, upon oath, 
a particular description of the marks, brands, color and age of every 
such neat cattle, sheep, hog or goat, and said justice shall cause 
the said estrays to be appraised, in like manner as is required to be 
done in case of a horse, mare or colt, mule or ass ; wliich descrip- 
tion and valuation shall be entered by such justice in a book to be 



ESTRAYS. 2-17 



kept by him as aforesaid, and by such justice transmitted to the clerk 

of the county commissioners' court of the county, to be by him kept 

as before directed : provided, that in all cases where the value of Proviso as to 

such neat cattle, sheep, goat or hog, does not exceed five dollars, ^^^^^' ' 

said justice shall not be required to make a return to the clerk as 

aforesaid ; but shall enter in his estray book the description and 

appraisement value of such sheep, hog or goat, and advertise the 

same in three of the most public places in his neighborhood. 

§ 4. Every such clerk shall cause a copy of such description cierk to post copy 
and valuation of every neat cattle, sheep, hog and goat returned to yafuatSn!^"^*'^*^ 
him, to be publicly affixed at the court house door of his county, 
within five days after the same shall be transmitted to him as 
aforesaid, for which he shaU receive the same fee as for entering 
the same in a book. 

§ 5. If two or more estrays of the Same species, are taken up Two or more es- 
by the same person at the same time, they shall be included in one S 'In^saLe^^en- 
entry and one advertisement, and in such case, such justice and try. 
clerk shall receive no more pay than for one of such species. 

§ 6. No person shall be allowed hereafter to take up and post Time of taking up 
any head of neat cattle, sheep, hog or goat, between the month of ^^*^^y^- 
April and the first day of November, unless the same may be 
found in the lawful fence or inclosure of the taker up, having 
broken in the same ; and for a reward of taking up, there shall be Reward and 
paid by the owner, one dollar for every horse, mare or colt, mule ° ^^^^^' 
or ass ; and for every head of neat cattle, fifty cents ; and for every 
hog, sheep or goat, twenty-five cents, together with all reasonable 
charges. 

§ 7. Proof of the giving of notice as required in the first and Proof of giving 
third sections of this chapter, may be made by the oath of the 
person advertising, or a credible witness, previous to the appraise- 
ment. 

§ 8. If the owner of any such animals shall prove and take charges when 
them away, before the appraisement thereof, he shall pay to the ^praisement.^"''^ 
person who has care of the same, all reasonable charges for taking 
up and keeping the same. 

§ 9. It shall not be lawful for persons taking up estrays, to use Not to use before 
the same previous to advertismg them, unless it be to milk cows, ^^^'^^^^^^^s- 
and the hke, for the benefit and preservation of such animals. 

§ 10. It shall be the duty of the clerk of the county commis- Advertisement of 
sioners' court when the description and valuation of any estray ^f^JJ^^'^^'^Xt" 
herse, mare or colt, mule or ass shall be transmitted to him by the to public printer, 
justice as aforesaid, and in ten days thereafter make out a copy 
thereof, and transmit the same to the pubhc printer of the state, 
and indorse thereon, " Estray papers," together with the sum of 
one dollar, to pay the said printer ; which sum the taker up is re- Tee, one dollar. 
quired to deposit with the clerk prior to the expiration of said ten 
days. It shall be the duty of the public printer to pubhsh said ad- Dutyof pubUc 
vertisement, and transmit one copy of each number of his paper P"'^*^^- 
to each of the clerks of the county commissioners' court of the 



248 APPENDIX. 



several counties of this state, free of charge, which shall be regular- 
ly filed by said clerks in their respective offices for the examina- 
tion of those who may desire it. 
After one year, § 11. And if no owner appear and prove his property within 
Erup7^^*^ "^ one year after such pubHcation, the property shall be vested in the 
taker up ; nevertheless, the former owner may, at any time there- 
after, by proving his property, recover the valuation money, upon 
payment of costs and all reasonable charges. 
Penalty for dis- § 12. And if any pcrsou shall trade, sell, or take away any 
posing of estrays. g^^.]^ estray or estrays out of the state, for any purpose whatever, 
before the expiration of said one year, he or she so offending, shall 
be liable to indictment in the circuit court of the proper county, 
and on conviction thereof, shall be fined in a sum double the value 
of the property, one-half to the owner thereof, and the other half 
to the county treasury ; and when the owner of any estray head of 
neat cattle, sheep, hog or goat, does not prove his property within 
twelve months after the same has been published at the door of the 
When estray does court housc as aforcsaid, and when the valuation does not exceed 
value fiTe^doiars. ^^^ dollars, the property shall be vested in the taker up ; but when 
the valuation shall exceed five dollars, and no owner appear within 
the time aforesaid, the property shall also be vested in the taker 
Former owner up ; nevertheless, the former owner may, at any time, by proving 
vaiue^"^^^^'' ^^^^ property, recover the valuation thereof, upon payment of all 
reasonable costs and charges ; and if the taker up and the owner 
Charges how set- can not agree upon the charges, they shall call upon three disin- 
tied upon. tercstcd householders, whose decision shall be binding on both par- 

ties ; and it shall not be lawful for any person to take up any 
estray, (except such as shall be hereinafter excepted,) unless he 
shall be a freeholder or a housekeeper. 
Estray horse, § 13. Any person finding a stray horse, mare, colt, mule or ass, 

without \'hf?et^ running at large without any of the settlements of this state, may 
tiements. take up the same, and shall immediately take such estray or estrays 

before the nearest justice of the peace, and make oath that he has 
not altered the marks or brands of such estray, since taking up ; 
and if such talker up shall be a freeholder or housekeeper Avitlun 
Proceedings to that qounty, it may and shall be lawful for him, to post such estray 
appraise. ^^ estrays as hereinbefore directed in this chapter, as if the same 

had been taken up on his plantation or place of residence ; and 
when the taker up shall not be qualified as aforesaid, he shall take 
the oath before required, and deliver such estray or estrays to the 
said justice, who shall cause the same to be dealt with as directed 
by this chapter. 
Whenestrayshaii § 14. K no owncr appear to prove his property within one 
^«^^^°J^d to highest ^gj^j,^ gy^jl^ estray or estrays shall be sold to the highest bidder, 
giving public notice of such sale twenty days previous thereto, the 
purchaser giving a bond and approved security, payable to the 
county commissioners' court of the county where such estray shall 
intoThf coX* be taken up ; and after paying the taker up all reasonable charges, 
treasury. the balauce shall be put iato tJiQ county treasury by the said jus- 



ESTRAYS. 249 

tice, who shall take a receipt for the same from the county trea- 
surer; nevertheless, the former owner, at any time within two 
years after taking up, by proving his property before the clerk of Owner may have 
the county commissioners' court of said county, or before the jus- mon^y^by pJov- 
tice of the peace before whom the property was taken up, and ob- jJifj^^P^^f ^^^^ 
taining a certificate thereof, from the clerk of said court or justice 
of the peace, to the treasurer, shall receive the balance aforesaid. 

§ 15. And when any justice of the peace shall fail to pay any Penalty when 
money for any estray or estrays to be sold agreeably to this chap- p^ym^one "into 
ter, into the county treasury, within tliree months after selling such ttie county trea- 
estray or estrays, such justice shall forfeit and pay the sum of 
twenty dollars, with costs, to be recovered by action of debt, before 
any justice of the peace of the county, or other court having juris- 
diction thereof, the one-half for the use of the county, and the 
other half for the use of any person suing for the same ; and more- 
over, be liable to pay the price of such estray or estrays, with in- 
terest thereon. 

§ 16. If any estray or estrays, taken up as aforesaid, shall die wiien estray dies 
or get away before the owner shall claim his or her right, the taker up^not^Se. ^^ 
up shall not be liable for the same ; and if any person shall take 
up any estray or estrays, at any other place within the inhabited 
parts of this state than his or her plantation or place of residence, 
or without being qualified as required by tliis chapter, he shall for- Penalty when 
feit and pay the sum of ten dollars, with costs, recoverable before estoy -sriSTou"^ 
any justice of the peace of the county where the offence shall have being quaUfied. 
been committed, and not having property sufiicient to pay such fine, 
he shall be liable to be confined one month in the jail of the county 
where he may be found, being found guilty of such offence accord- 
ing to law ; and any person taking up any estray or estrays out of 
the limits of the settlements of this state, and failing to comply 
with the requisitions of this chapter, shall be liable to the same 
penalties; and if any person, taking up any estray or estrays of 
any species, fail to comply with the requisitions of tliis chapter, he Penalty where 
shall, for every such offence, forfeit and pay to the informer, the coSp?y with pio- 
sum of ten dollars with costs, recoverable before any justice of the 2fa°t\°^ *^^ 
county where such offence shall be committed; one half to the use 
of the county, and the other half to the use of the person suing for 
the same. 

§ 17. If any person or persons shall hereafter stop or take up Estray boats or 
any keel or flat boat, ferry flat, batteau, pirogue, canoe, or other ^^*®^''^^^* 
vessel or water craft, or raft of timber, or plank found adrift on 
any water course within the limits or upon the borders of this state, 
and the same shall be of the value of five dollars or upv/ards, it 
shall be the duty of such person or persons, within five days there- Proceedings in 
after, (provided the same shall not before that time be proven and'^'^^*'^^''^ 
restored to the owner,) to go before some justice of the peace of 
the proper county, and make aflidavit in writing, setting forth the 
exact description of such vessel or craft, when and where the same 
was found, whether any, and if so, what cargo was found on board, 



•250 APPENDIX. 



and tliat the same has not been altered or defaced, either in whole 
or in part, since the taldng up, either by him, her or them, or by 
any other person or persons, to his, her or their knowledge ; and 
the said justice shall thereupon issue his warrant, directed to some 
constable of his county, commanding him forthwith, to summon 
Justice to appoint three respectable householders of the neighborhood, if they can not 
appraisers. otherwise be had, whose duty it shall be, after being sworn by said 

Duty of apprais- justicc, to proceed without delay to examine and appraise such boat 
^^- or vessel, and cargo, if any, and make report thereof, under their 

hands and seals, to the justice issuing such warrant, who shall en- 
ter such appraisement, together with the affidavit of the taker up, 
Duty of justice, at large in his estray book ; and it shall be the further duty of said 
justice, within ten days after the said proceedings shall have been 
entered in his estray book as aforesaid, to transmit a certified copy 
thereof to the clerk of the county commissioners' court of his county, 
to be by him recorded in his estray book, and filed in his office. 
When boat shall § 18. In all cascs where the appraisement of such boat or water 
be adTertised. craft, including her cargo, shall not exceed the sum of twenty dol- 
lars, the taker up shall advertise the same on the door of the court 
house, and in three of the most public places in the county, witliin 
ten days after the justice's said certificate shall have been entered 
on the records of the county commissioners' court ; and if no per- 
son shall appear to prove and claim such boat or water craft within 
After six months, six months from the time of taking up as aforesaid, the property in 
taker u^ ^^^*^ ^" ^^^ Same shall vest in the taker up ; but if the value thereof shall 
exceed the sum of twenty dollars, it shall be the duty of the clerk 
of the county commissioners' court, witliin twenty days from the 
time of the reception of the justice's said certificate at his office, to 
cause an advertisement to be set up on the door of the court house, 
When adTcrtise- and also a notice thereof to be sent to the pubUc printer as afore- 
^®^v l^*^*^ ^*^ said, who shall publish the same as aforesaid ; and if the said ves- 

pubbshed by ' ^ . -, -, .,. . ir- ' -, -, 

public printer, scl be not claimed and proven withm six months irom said adver- 
tisement, the same shall be vested in the taker up ; nevertheless, 
Former owner the former owncr may, at any time thereafter, recover the valua- 
tSL of property *^^^ money by proving his property and allowing to the taker up a 

* reasonable compensation for his trouble, and costs and charges. 
Fees and compen- § 19. In all cascs whcrc scrviccs shall be performed by any 
cha^ter'^'^^'^ *^^ officcrs or Other person or persons under this chapter, the following 
fees or compensation shall be allowed, to wdt: to the justice of the 
peace for administering oath to the taker up or finder, making an 
entry thereof, with the report of appraisers, and making and trans- 
mitting a certificate thereof to the clerk of the county commis- 
sioners' court, fifty cents ; to the clerk or justice for taking proof 
of the ownership of, and granting a certificate of the same, twenty- 
five cents ; for registering each certificate transmitted to him by 
any justice as aforesaid, twelve and a half cents ; for advertise- 
ments, including the newspaper publications, fifty cents in addition 
to the cost of such publication ; to the constable for each warrant 
so served on appraisers, twenty-five cents ; and to each appraiser 



iHORSEg. 251 



the sum of twenty-five cents ; which said fees shall be paid by the 

taker up to the person entitled thereto, whenever said services 

shall be rendered. All which costs and charges shall be reimbursed Costs and charges 

to the taker up or finder, in all cases where restitution of the ^"^^^^^ ^^"^ • 

property shall be made to the owner, in addition to the reward to 

which such person may be entitled for taking up as aforesaid. 

§ 20. If any person shall act contrary to the duties enjoined by Penalty when 
this chapter, for which no penalty is hereinbefore pointed out, the Ky'\o^Jti^°''* 
person so offending shall, on conviction thereof, forfeit and pay for chapter. 
every such offence, not less than five nor more than one hundred 
dollars, to be sued for in the name of the proper county, before 
any justice of the peace or other court having cognizance thereof. 

Approved March 3, 1845. 

HORSES. 

(From Chapter Forty-nine of the Revised Statutes.) 

Section 1. It shall be lawful for any person to take up any stoned horses 
stoned horse that may be found runnin<T at larsre out of the in- ruining at large, 

- •', ^ t5 may t)e taken up. 

closure ot the owner or keeper, more than one year old, and shall 

give notice thereof to the owner or keeper ; and if such owner or Notice to owner. 

keeper shall not take away or secure the same, allowing him one 

day for every fifteen miles he may reside from such taker up, the 

taker up shall take or show the same to a justice of the peace Proceedings when 

horseis not taken 



away 



within the county, and if it shall appear to such justice, that said 

horse is more than one year old, he shall issue his warrant to some 

person skilled in the business, to geld such stoned horse ; or the 

same may be shown by the taker up, to any horse farrier, or other 

person of the county, well skilled in the age of horses ; and if, 

upon view and examination, the horse shall be considered of the 

age of one year old, the person so examining, if he be skilled in 

the business, may geld and alter the same ; if not, he shall give a 

certificate relative to the age thereof, and the taker up may then 

take said horse to some person skilled as aforesaid, and have the 

same gelded, and in performing the operation, reasonable care shall 

be taken to preserve the life of the animal; but should the owner when horae shall 

not be known to the taker up, he shall advertise the same in three ^® ad,Tertised. 

of the most public places in the county for ten days, giving a true 

description thereof; and if no owner or person on his behalf, shall, 

by that time appear and take charge of said horse, such takey up 

may proceed as above directed, and have the same gelded ; and 

the owner shall pay to the taker up the sum of two dollars, togethei" 

with reasonable charges for advertising and keeping the same, if charges how 

the same be advertised, and the person altering shall be paid by p^^*^- 

the person applying to have the same done. 

§ 2. It shall not be lawful for any person to alter any horse Horses acciden- 
that is known to be kept for covering mares, which may accidentally Si hJrSS^Si 
break out of, or from the possession of the owner or keeper, and *» tiie o^raer. 
be found running at large ; in that case the same shall be taken 



252 APPENDIX. 



to the owner or keeper, without unnecessary delay, and the owner 
or keeper shall thereupon pay such person, so taking up and de- 
livering the said horse, the sum of two dollars; and should the 
Expenses and trouble and cxpcuse of taking up, keeping and delivering, be ex- 
pS<i^^^' ^°^ traordinary and great, a further and liberal sum shall be paid by 
the owner or keeper of such horse to the person so taking up and 
delivering , but if the owner or keeper of any stoned horse, whether 
Penalty for vni- he be kept for covering mares or not, shall negligently or wilfully 
£Se\o^run\t ^^^^1' ^^^^ same to run at large, out of his inclosure, any person 
rr large. may take such horse up, and forthwith have the same gelded by 

i some person skilled in the business, which shall be done carefully, 

and the owner or keeper shall pay to such taker up, the sum of 
five dollars ; the taker up paying the fee or charge for gelding ; 
and the owner or keeper shall, moreover, be liable for and pay all 
damages which any person may sustain, in consequence of such 
horse running at large ; and if any horse shall die, or be injured, 
in consequence of such gelding, the same being carefully done by 
a person skilled in the business, as above contemplated, the owner 
or keeper thereof shall have no recourse whatever for damages 
upon such taker up, or person who shall have gelded the same. 
Where o^vner does § 3. If the owner or keeper of any horse, or other person in 
SiVaway'te. ^^is behalf, shall not appear and take charge of the sfme, after 
being altered as aforesaid, the taker up shall take care of, feed and 
nourish the same, until said horse shall have recovered, and shall 
then turn the same out, and the owner shall pay to such person a 
reasonable sum in money therefor. 
Horses having in- § 4. If any pcrsou shall suffer to run at large, or keep in any 
fectious diseases p|r^(.(3 ^yherc otlicr crcaturcs can have access to, and become in- 

not permitted tol. i-i i 

run at large, lected, any horse, mare, gelding, mule or ass, that is known to the 
owner or the person having the same in his care and possession, 
. to be afflicted with glanders, distempers or any other infectious 
Penalty. disease, he shall be fined in the sum of twenty dollars, and shall be 

liable to pay all the damage that may result from such running at 
large, of such afflicted horse, mare, gelding, mule or ass, to be re- 
covered before any justice of the peace in the county, if the sum 
of damages be under one hundred dollars, otherwise in the circuit 
court. 
Penalty for ex- § 5. Any person letting any stallion to any mare, within any 
pgmg conduct to ^Q^^^jj or village in this state, the same not being incorporated, or 
immediately in the vicinity thereof, that may expose such conduct 
to public view, shall be hable to pay a fine not exceeding five dol- 
lars, at the discretion of any justice of the peace, to whom com- 
plaint shall be made, with costs of prosecution. 
Penalties how re § 6. All sums or penalties incurred under the provisions of this 
coyered. chapter, provided the same do not exceed one hundred dollars, 

shall be recovered before any justice of the peace ; if above that, 
in the circuit court ; and appeals shall be allowed as in other cases, 
to said court. 

Approved March 3, 1845. 



IDIOTS AND LUNATICS. 251 



creditor or rela- 
tive. 



IDIOTS AND LUNATICS. 

(From Chapter Fifty of the Revised Statutes.) 

(1.) Section I. Whenever any idiot, lunatic or distracted per- where idiot or 
son has any estate, real or personal, the judge of the circuit court f^^^'^ ^^ P'^'^' 
of the county in which such idiot, lunatic or distracted person lives, ^ 
shall, on the application of any creditor or relation, or if there be Proceedings bj 

neither creditor nor relation, then any person living in such"""' """' 

county, order a jury to be summoned, to ascertain whether such 

person be lunatic, insane or distracted ; and if the said jury return, 

in their verdict, that such person is lunatic, insane or distracted, it Verdict of jury. 

shall be the duty of the judge aforesaid to appoint some fit person Conservator to ba 

to be the conservator of such idiot, lunatic or distracted person.^ ' ^PP^^^^^'i- 

(2.) Sec. II. The conservator of such estate, so appointed. Conservator to 
shall enter into bond with sufficient security, to be approved by the ^^^ ^^^^' 
said judge, to the treasurer of the county in which such idiot, luna- 
tic or distracted person resides, in double the amount of such estate, 
for the faithful discharge of his duty. 

(3.) Sec. III. Such conservator shall have the entire care of conservator to 
the estate of such idiot, lunatic or distracted person, both real and^g';."^^^'^*'^*'^''^^^^ 
personal ; and such conservator shall forthwith make a true and 
perfect inventory of said estate, and return the same into the office Make inventory 
of the clerk of the circuit court of said county, where it shall be ^^ ^^ ^^^ ^'^^' 
kept on file ; and shall render his account to the judge of said Shaii render ac- 
court, of the management of such trust, when thereto required ; ^^^^ ' 
and shall be allowed by such judge reasonable compensation for Compensation. 
his services. And said court shall have povv^er to remove such May be removed. 
conservator for neglect of duty or mismanagement of his trust, and 
appoint another in his place. 

(4.) Sec. IV. It shall be the duty of such conservator, to ap- Annual income 
ply the annual income and the profits thereof, to the support of such ^*^^^ appUed. 
idiot, lunatic or distracted person, his or her family. He shall Debts to be coi- 
have power to collect all debts due to such person, and to institute ^'^^'^®'^- 
suits for that purpose, and to adjust and settle all accounts and 
debts due from him or her ; he may sell or dispose of the personal May scu proper- 
estate to pay his or her debts, or to support him or her, or his or ^^' 
her family, and to educate the children of the same. 

(5.) Sec. V. The said conservator may sue and be sued, in conservator may 
every instance, as the representative of the person so insane, luna-^^®^^'^^'^^^^^* 
tic or distracted, and execution may issue in the name of and 
against the said conservator, as representative as aforesaid ; and all 
the property of such person may be sold to pay his or her just 
debts, that might or could be sold in other cases. 

(6.) Sec. VI. The overseers of the poor in every county. Overseers of the 
shall take charge of the body of any person so insane, lunatic or charge^ofi^atic. 

(l)In a proceeding, under the statute, to procure tlie appointment of a con- 
servator to a lunatic, the lunatic must have reasonable notice, or the inquisi- 
tion will be set aside. SJddi/ v. The People, 15 111., 386. 



254 APPENDIX. 



distracted, and shall have power to confine him or her, and shall 
comfortably support such person, and make out an account thereof, 
and return the same to the county commissioners' court, whose 
duty it shall be to make an order, requiring the treasurer of said 
county to pay the same out of any money in the treasury of said 
county not otherwise appropriated. 
When luifiitic re- (7.) Sec. VII. If such person, as aforesaid, shall be restored 
frop^rty tHe re- ^^ ^^^ or her rcason, then what remains of his or her property and 
stored. estate, shall be returned to him or her ; or in case of his or her 

death, to his or her heirs, executors or administrators, after a rea- 
sonable allowance to said conservator for his services, to be ascer- 
tained by the judge of said court. 
Contracts with (8.) Sec VIII. All contracts, agreements or credits with 
tics to be void^ ' idiots, lunatics or distracted persons, either by note, bond, bill or 
otherwise, shall be void, as against said idiot, lunatic or distracted 
person ; but persons making such contracts or agreements, with 
such idiot, lunatic or distracted person, shall be bound thereby. 
Penalty for trad- (9.) Sec. IX. If any pcrson or persons shall, by trading with, 
lunJuc!^ ^'^^^ ^^ bartering, gaming or any other device possess himself or herself, or 
themselves, of any property or valuable thing, belonging to any 
idiot, lunatic or notoriously distracted person, he, she or they shall 
be deemed guilty of swindling, and upon conviction thereof, shall 
be liable to all the penalties as in other cases of swindling, and any 
person may appear and prosecute with effect. 
Approved March 3, 1845. 

An Act to provide {or the Sale of the Estates of Insane Persons. 
Proceedings to (l^O Sec. I. Be it enactedhy the People of the State of llUnoiSy 
mitTtiuvAtic^^^^P^^^^^^^^'^^^^^ General Assembly, That whenever it shall be- 
come necessary to sell the real estate of idiots, lunatics or distracted 
persons, for the purpose of paying debts, supporting a family or 
educating children, or when it shall be deemed proper to make such 
sale for the purpose of investing the proceeds in real estate, the 
conservator shall petition the circuit court of the county in which 
he was appointed, or in which the parties to the proceeding, or a 
part of them, reside, asking that an order or orders be made, 
authorizing such sale. 
What the petition (11.) Sec. II. The petition aforesaid shall set forth and state 
set forth.^'^ '' the reasons why, and the purposes for which, a sale of real estate 
is deemed necessary or proper, and shall be accompanied by an in- 
ventory or descriptive list of all the real estate owned or possessed 
by such idiot, lunatic or distracted person, together with a statement 
of the accounts of the conservator, showing the disposition of the 
money, property or effects which may have come to his hands, set- 
ting forth also the names of all persons who would be interested in 
the estate, in case of the death and intestacy of the owner thereof, 
all of whom shall be made parties to the proceeding. 
On filing petition, (12.) Sec. III. Upon the filing of the petition aforesaid, a 



gimnons to summoQs shall be issued against the persons made parties as afore- 



MARKS AND BRANDS. 255 



said, and which shall be served as in cases in chancery. And in Non-resident par- 
case any of said parties can not be found, or reside out of the state, 
they shall be notified of the proceeding by pubHcation, as in pro- 
ceedings in chancery against non-residents. 

(13.) Sec. IV. The court shall appoint guardians ad litem for Guardians ad 
infant parties, when no guardians shall appear, and also make any partie? "^'^^^ 
and all orders necessary to bring parties before it, and to a proper 
and speedy disposition of the petition in a manner consistent with 
the facts and the rights of all parties interested, directly or indi- 
rectly, in the estate to be affected. 

(14.) Sec. V. When all parties as aforesaid shall have been Hearing of the 
notified of the proceeding, the court, upon the hearing of the peti-^^'^^^^y*^^^^^^* 
tion, the objections thereto, if any are interposed, and all facts with 
respect to the matter thereof, shall, in the exercise of a sound dis- 
cretion, make such order or orders as may appear necessary and 
proper to execute the provisions of this act, and to supply conser- 
vators and families of idiots, lunatics and distracted persons with 
means to be used for the purposes herein expressed. 

(15.) Sec. VI. Orders of sale made by court shall describe Orders of sale to 
the property to be sold, and specify the terms of sale, and direct pS^^'' *^^ ^^''' 
the application or use of the money ; and power is hereby vested 
in said courts to make any and all orders necessary to the security 
and proper application of the moneys in the hands of conservators. 

(16.) Sec. VII. Conservators appointed in foreign states may Conservators of 
avail themselves of the provisions of this act, by fihng a copy of ^^^^^is'i states. 
their appointment with the clerk of the circuit court, and giving 
security for costs, and by furnishing satisfactory evidence that they 
have given adequate and sufficient security for the faithful and 
proper application of the funds arising from the sale. 

(17.) Sec. VIIL This act shall take effect and be in force 
from its passage. 

Approved Feb- 12, 1853. 

3IARKS AND BRANDS. 
(From Chapter Forty-eight of the Revised Statutes.) 

Section 1. Every person in this state, who hath cattle, horses, Persons may have 
hogs, sheep or goats, may have an ear mark and brand, and but ^^Jj "^,*;^°^"^^o^;^' 
one of each, which shall be different from the ear mark and brand cattle and other 
of his neighbors ; which ear mark and brand may be recorded by ^^^™^' 
the clerk of the county court where such cattle, horses, hogs, sheep 
or goats shall be. 

Sec. 2. It shall be the duty of the county clerks, in the re- county clerks to 
spective counties of this state, to keep a well-bound book, in which JJ^^«^r^^i^^i-i" and 
they shall record the marks and brands of each individual who 
may apply to them for that purpose; for which they shall be enti- 
tled to demand and receive the sum of twelve and a half cents ; Fees for record- 
and the book in which the same are recorded, shall be open to the '^'^^' 



256 APPENDIX. 



examination of every citizen of the county at all reasonable office 

hours, free of charge. 
Marks and brands Sec. 3. If any dispute shall arise about any ear mark or brand, 
ence^to torrec^ i* shall be decided by reference to the book of marks and brands 
ord. kept by the county clerk, but such book shall be prima facie 

evidence only. 
Persons purchas- Sec. 4. Any pcrson purchasing or acquiring horses, cattle, 
Sau*rmaiS ^^o^> shccp or goats, whcu he brands or marks the same in his 
and brands in brand or mark, after the acquisition of the same, mav do it in the 

presence of wit- p r -i • -it- ^ 'ii-i^ 

uesses. presence oi one or more oi his neighbors, who are authorized to 

certify to the fact of the marking or branding being done, when 
done, and in what brand or mark the same were, previously, and in 
what brand or mark they were re-branded or re-marked. Such 
certificate shall not be deemed evidence of property in the animal 
branded, but only prima facie evidence of the facts therein certi- 
fied to. 

Approved March 3, 1845. 

MILITARY AFFAIRS. 

In force May 2, An Act creating a "War Fund and to provide for auditing all accounts and dis- 
bursements arising under the call for Volunteers. 



Appointment of SECTION 1. Be it enacted hij the People of the State of Illinois, 
represented in the General Assembly, That a board of commission- 
ers to consist of three prudent and discreet men, be created, who 
shall audit all accounts for supj^lies and munitions of war, camp 
equipage and provisions, equipments, clothing and supplies, furnish- 
ed for any portion of the Ilhnois troops on special service, under 
the orders of the governor, and all accounts in any way or manner 
originating under the call of the president for volunteers, or the 
proclamation of the governor for such volunteers, or which should 
properly be charged to the war fund ; and no accounts shall be 
allowed or paid by the governor which are not approved by said 
board. 

§ 2. All funds or moneys which shall be raised or appropriated 
under any act of this session of the general assembly, except for the 
payment of the expenses of the same, shall be kept separate and 
apart, and be denominated the war fund. 

rioners^^ commis- § 3^ -j^hQ said commissioners shall, before proceeding to exer- 
cise the powers herein conferred, be sworn or affirmed to faithfully 
perform the duties enjoined upon them by this act, and shall meet 
at such place or places as they shall appoint, of which due notice 
shall be given, and proceed to examine all such bills and accounts, 
and examine all vouchers, and hear all such evidence as may be 
presented to them under the provisions of this act; and shall ap- 
prove and allow all such bills and claims as shall be shown, in their 
judgment, to be just and reasonable, taking into consideration the 
circumstances under which they were created. 

Report § 4. They shall make out a detailed report, accompanied by 



MILITARY AFFAIRS. 257 



the necessary vouchers, in writing, to the governor, for all claims 
allowed by them, with the names of those in whose favor they are 
allowed, and the amounts thereof, and for what allowed, and if the 
same be approved by the governor, the auditor shall draw his war- 
rant upon the treasury for the sums therein specified in favor of 
the persons therein named or their assignees, to be paid out of the 
siJiid war fund. 

§ 5. All claims and accounts accruing against the state for Avar Limitation of 
expenses or disbursements, which are specified in this act, and^^^™^' 
which have already accrued, shall be presented within three 
months from the passage of this act, and all other claims shall be 
presented Avithin three months from the accruing of the same, or 
the same shall be considered as donated to the state, and shall not 
thereafter be allowed under any pretense whatever. 

§ 6. Any vacancy or vacancies occurring in said board, shall Vacancies, 
be filled by appointment by the governor, until otherwise directed 
by the legislature. 

§ 7. The governor, by and with the advice and consent of the Compeosation of 
senate, shall appoint said board, and their compensation shall be ^°^'^- 
five dollars per day, for each day actually employed, to be paid out 
of the war fund : provided, that said board shall only remain in 
session so long as is absolutely necessary for the prompt and efli- 
cient discharge of its duties. 

§ 8. The governor, auditor and treasurer be and they are here- issuo of bonds, 
by authorized to issue bonds of the state of Illinois, bearing inter- 
est at six per cent, per annum, for such sums as they, or a 
majority of them, may deem necessary for the purpose of organiz- 
ing the militia, repelling invasion and defending the state in war, 
and to sell the same for the best price, and on the best terms, 
which can, in their judgment, be obtained for the same, in money — 
five hundred thousand dollars of said sum to be issued in denomin- 
ations of one hundred dollars ; five hundred thousand dollars of 
said sum to be issued in the denomination of five hundred dollars ; 
and one million of dollars of said sum of the denomination of one 
thousand dollars. The principal reimbursable at the pleasure of 
the state, after the year of our Lord eighteen hundred and seventy- 
nine, (1879,) in the city of New York, and the interest payable 
semi annually on the first Mondays of January and July in each 
year, at such place in the city of New York as may be designated 
by public notice in three newspapers published in said city, one 
month before such interest shall become due. 

§ 9. The aggregate amount of bonds which shall be issued Amount oc 
under the provisions of this act, shall not exceed two millions of ^^^' 4 

dollars. The bonds which were prepared for refunded stock under 
the act of February 22d, A. d. 1859, may be issued under this act, 
as far as applicable ; but, in such case, there shall be printed 
across the face of the same the following words : " Issued under 
the act creating a war fund and to provide for auditing all accounts 
and disbursements arising under the call for volunteers." The in- 

17 



{ 



258 APPENDIX. 



terest on said bonds shall not commence running previous to July 
1st, 1861. And to provide for the payment of such interest it 
shall be the duty of the auditor of public accounts to assess, an- 
nually, upon the taxable property of this state, in addition to all 
other taxes, a sum sufficient, with the interest fund not otherwise 
appropriated, if any there be in the state treasury, to pay the inter- 
est upon the debt hereby created ; which said sum shall be assessed 
and collected in the same manner as other state taxes are or may 
be assessed and collected. The fund thus collected shall be kept 
with the interest fund, and shall be applied only to the payment of 
interest on the state debt. For the payment of the principal and 
interest of said bonds, the faith and credit of the state is hereby 
irrevocably pledged. 
Authority of § 10. It shall be lawful for guardians and persons holding 

guardians. money in a fiduciary capacity, to invest the same in the purchase 

of said bonds at the current rates, not exceeding par, and hold 
the same for the benefit and use of the persons whose funds they 
hold. 
Additional loan. §11. In addition to the bonds authorized to be sold by the 
preceding section, the governor is also further authorized to sell 
the bonds of the state of like character, to the amount of fifty 
thousand dollars, to supply a casual deficiency in the revenue 
fund, and provide for the expenses of this general assembly. 

§ 12. In no case shall more bonds be sold or used than may be 
necessary to meet, from time to time, the actual expenses incurred 
in carrying out the provisions of this act. 

§ 13. This act shall take effect and be in force from and after 
its passage. 

Approved May 2, 1861. 

In force May 2, An Act to encourage the formation and equipment of Yolunteer Companie's. 

Appropriations SECTION 1. Be it enacted hy the PeopU of the State of IlUnois, 
by towns and represented in the General Assembly, That the corporate authori- 
ties of any town or city and the county court or board of super- 
visors of any county in this state, is hereby authorized to appro- 
priate such sum as they may deem expedient, for the purpose of 
aiding in the formation and equipment of volunteer companies 
mustered into the service of the United States or of this state, for 
the purpose of enforcing the laws, suppressing insurrection or re- 
pelling invasion, and to aid in the support of the families of mem- 
bers of such companies, while engaged in such military service. 

§ 2. For the purpose of raising the means to pay any appro- 
priation made pursuant to the foregoing section, the corporate au- 
thorities of any town or city, the county court or board of super- 
visors of any county making such appropriation, may cause a tax 
to be levied and collected, not exceeding five mills on the dollar, 
per annum, upon the taxable property of such town, city or 
county. 
Taxes. § 3. Any appropriations heretofore made by the authorities of 



MILITARY AFFAIRS. 



259 



any city, town or county, for the purpose mentioned in the first 
section of this act, are hereby legalized, and the payment thereof 
may be provided for by the levy and coliection of a tax, not ex- 
ceeding five mills on the dollar, per annum, as other city, town or 
county taxes. 

§ 4. It shall be the duty of the proper authorities of any city, Disbursing agent, 
town or county, which shall make or has heretofore made appro- 
priations, as aforesaid, to appoint some person or persons to dis- 
burse said appropriation, under such rules and regulations as such 
city, town or county authorities may direct; and the agent or 
agents making such disbursement, shall keep full and true accounts 
of the persons to whom and objects for which such disbursements 
are applied, and render an account of the same, with vouchers and 
receipts to said city, town or county authorities, as they may be, 
from time to time, required ; and the accounts thus rendered, shall, 
with accompanying receipts and vouchers, be filed and preserved, 
and be subject to examination as other public records or archives 
of such city, town or county : provided, the state shall never be 
chargeable for any such sums raised by any such corporations. 

§ 5. This act shall take effect from and after its passage. 

Approved May 2, 1861. 

An Act to amend chapter Seventy, Revised Statutes, entitled Militia.* in force May 2, 

Be it enacted hy the People of the State of Illinois, represented in 
the General Assembly : 

ARTICLE I. 

Section 1. The militia of the state of Illinois shall be com- 
posed of all free white male, able bodied citizens thereof, who are 
betw^een the ages of eighteen and forty-five years ; and for the 
purposes of this act permanent residents shall be deemed citizens. 

§ 2. As soon as may be, after the passage of this act, it shall List to be made 
be the duty of the assessors of townships, in counties having town- ^^ asseseors. 
ship organization, to make a complete list of all persons in their re- 
spective townships, subject to military duty under this act, one copy 
of which, duly certified, shall be filed and recorded in the office of 
the county clerk of said county ; and said return shall be made 
before the first day of August next. 

§ 3. It shall be the duty of the assessors in counties not having 
township organization, to make a like complete list of all persons 
subject to military duty as aforesaid, in their respective counties, 
and cause the same to be recorded in the office of the county 
clerks of their respective counties as soon as may be, and by the 
first day of August next. 

§ 4. It shall be the duty of the county clerks, on receipt of the Filing of lists with 
aforesaid lists, forthwith to forward a certified copy of said list to adjutant-general, 
the adjutant-general of this state, who shall cause the same to be 
filed in his office. 

§ 5. Said lists shall be annually corrected by said assessors, at 

*ThiB Act is repealed. 



260 



APPENDIX. 



the time of making their annual assessments ; copies of which 
shall be duly certified, forwarded and filed as aforesaid. 



Voluntary mili- 
tia. 



KesOTVe. 



ARTICLE II. 

§ 1. The said miUtia shall be divided into two classes; first, the 
voluntary, and secondly, the reserve. 

§ 2. The first class shall consist of those who voluntarily or- 
ganize themselves into companies, of not less than fifty nor more 
than one hundred members each, and who shall have a unifoim 
and shall elect officers and assemble for drill and purposes of 
military discipline, not less than four days in each year, and who 
shall be furnished with arms and equipments by the state, and be 
first subject to call or draft into service at the requisition of the 
governor. 

§ 3. The second class shall consist of those who do not or- 
ganize themselves into companies as aforesaid, and shall also be 
subject to di'aft, or called into service. 



Kegimental cffi- 
cera. 



ARTICLE ni. 

Company officers. § 1. The company shall elect their own officers by ballot, who 
shall appoint the non-commissioned officers of their respective 
companies, and the companies shall, by vote, select their place for 
drill, and shall hold special drill on call of the captain or vote of 
the company. 

§ 2. "Whenever, in the opinion of the governor of the state, the 
public good requires, he shall, by order, direct the said volunteer 
companies, so organized, to form into regiments of not less than 
five nor more than ten companies each, and to that end shall 
designate in such order the several companies which shall form the 
respective regiments, and the time and place when and where the 
said companies shall convene for the purpose of electing regimental 
officers, at which time and place the said companies shall proceed 
to elect by ballot, one colonel, one Heutenant-colonel and one major, 
for each of their respective regiments, and said regimental officers 
so elected shall have the appointment of their staff". 

§ 3. Captains and lieutenants of companies, and the elective 

officers of regiments, shall be commissioned by the governor, for 

the period of six years from the date of their election, respectively. 

4. Volunteer militia shall serve for the term of six years. 



Term of office. 



Length of serrice. 



unless discharged by age or other legal disability, and shall ever 
afterwards be free from involuntary mihtary duty, except in case 
of war or invasion, and shall, during said service, be free and ex- 
empt from personal highway tax and from serving as jurors. 



ARTICLE IV. 



Assessor's pay. § 1. The Said assessors shall receive for their services in 
maiing the list mentioned in sections two and three in article first 



REVENUE. — ASSESSMENT. 261 



of this act, the sum of one cent, per name contained in said 
list first to be made, to be paid them out of the treasury of the 
state. 

§ 2. If any assessor or county clerk shall willfully refuse or 
neglect to perform the duties, or any of them, imposed by this act, 
he sliall, on conviction, be fined in any sum not exceeding five 
hundred dollars, and be removed from office, and shall not there- 
after hold any office of honor or profit in this state for five years 
after such conviction. 

ARTICLE V. 

§ 1. The governor, if companies so organize and volunteer, ArtiUery, cayai- 
may commission the officers of and recognize the organization of ^^' ^ ^' 
artillery companies, companies of cavahy, ccmpmies of sappers 
and miners and an ambulance corps, under tie provisions of this 
act. 

§ 2. There shall be filed and kept in the adjutant-general's Roils of compa- 
office, of this state, a complete roll of each of the companies or-^^^' 
ganized under the provisions of this act, and the record of the date 
of the organization of each company, and of the enlistment of each 
member thereof. 

§ 3. Said roll shall be made annually by the officers of each 
company, and a copy of the same shall be forwarded to the adju- 
tant-general's office of tills state, and the same shall be kept on file 
in his office. 

§ 4. A record of the date of all commissions granted under Record of com- 
this act shall be kept in the adjutant-general's office, and commis- °^^^°^' 
sioned officers shall have rank according to the date of their re- 
spective commissions. 

§ 5. All acts or parts of acts, inconsistent with the provisions 
of this act, are hereby repealed. 

§ 6. Officers and members of volunteer companies elected 
under the provisions of this act shall not be subject to the orders 
of officers of the mihtia of this state not organized under this 
act. 

§ 7. This act shall be in force and take eflfect from and after 
its passage. 

Approved May 3, 1861. 

REVENUE. ASSESSMENT. 

An Act in relation to Burying Grounds, Church Yards, and Lands used by 
Literary Institutions. 

(From Revised Statutes — Appendix, Act No. 49.) 
Section 1. Be it enacted by the People of the State of Illinois, Lotnotexceeddns 
represented in the General Assembly, That it shall be the duty of StmeTto^^com- 
societies and corporations owning, using and appropriating lands, missioners' court, 
not exceeding ten acres, for burying grounds, church grounds, and 
grounds for the use of literary institutions, to cause to be certified 



262 APPENDIX. 

to the county commissioners' court of the proper county, by some 
credible person under oath, a full description of the lands by metes 
and bounds, in whom the title is, and for what purpose and use the 
land is held ; and if it shall appear to said court that such land is 
not subject to taxation according to the revenue laws of this State, 
then that part shall be certified by said court to the auditor of pub- 
When not subject lic accounts, and the land shall remain exempt from taxation so 
taxation. long as it coutinucs to be used exclusively for the purposes 
aforesaid. 

Approved March 2, 1843. 

SHEEP. 

An Act for the improvement of Sheep, and to promote their Increase. 

Bucks not to run Sectiox 1. Be it enacted hy the People of the State of Illinois^ 
at large. represented in the General Assembly, That it shall be unlawful for 

the owner or owners of any buck or bucks, or male sheep over the 
age of six months, to permit such buck or bucks or male sheep to 
run at large in any highway or unenclosed grounds or commons in 
this state, or without the enclosure of said owner or owners, be- 
tween the fifteenth day of June and the fifteenth day of Novem- 
ber in each year hereafter. 
Duty of persons § 2. And he it further enacted, That it shall be the duty of any 
to tuke up. person or persons finding any such sheep running at large as afore- 
said, to take up and confine the same, and notify the owner or 
owners, if known, and in case such owner or owners are not known, 
then such person so taking up shall give notice thereof in writing, 
by posting up notices in three public places within the precinct or 
neighborhood where said sheep are so taken up, within four days 
after such taking up, describing all plain marks that may be on said 
sheep, and the owner or owners of such sheep shall be entitled to 
the same by proving property and paying, or agreeing to pay, all 
reasonable charges, and such damages as the sheep may have done : 
Pro-9iso. provided, such charges and damages shall not exceed the value of 

the sheep, and if the owner or owners shall not comply with the 
above requisitions within the term of six months from the date of 
such notice, then in that case the said sheep shall be forfeited, and 
become the property of the person so taking up the same : provi- 
ded, that if the inhabitants of any county in this state shall think 
themselves aggrieved by the provisions of this act, the county com- 
missioners or county court of said county shall have power to sus- 
pend the operation of this law in such county or counties for a con- 
venient time, by an order of said court, posted on the court house 
door of said county, and in some public place in each of the several 
precincts of such county. 

Approved February 10, 1849. 



WEIGHTS AND MEASURES. 263 



WEIGHTS AND MEASURES. 
(From Chapter One hundred and eight of the Revised Statutes.) 

Section 1. There shall be but one standard of measure of shau be one 
length and surface, one of weight and one measure of capacity ^Pj^^^^^^^ 
throughout this state, which shall be in conformity with the standard me^ures. 
of measure, length, surface and weight established by Congress. 

Sec. 2. All commodities sold by heaped measure, shall be duly Heaped measure, 
heaped up in the form of a cone, the outside of the measure, by ^^^^ ^^^^ ^®' 
which the same shall be measured to the extremity of the base of 
such cone, and such cone to be as liigh as the articles to be mea- 
sured will admit. 

Sec. 3. The measures used for measuring dry commodities not other measurea 
heaped, shall be stricken with a straight stick or roller, and of the ^°* i^eaped. 
same diameter from end to end. 

Sec. 4. Contracts hereafter to be executed, made ^vithin this Contracts to con- 
state, for any work to be done, or for any thing to be sold, deliver- ^°™*°"^°'^- 
ed, done or agreed for by weight or measure, shall be taken and 
construed to be made according to the standard weight and meas- 
ure thus ascertained. 

Sec. 5. The hundred weight shall consist of one hundred Hundred weight 
pounds, and twenty such hundreds shall constitute a ton. ^ 

Sec. 6. Whenever wheat, rye, Indian corn, barley, buckwheat weight of grain 
or oats shall be sold by the bushel, and no special agreement as to ^^^ t)ushei. 
the Aveight or measurement shall be made by the parties, the bushel 
shall consist of sixty pounds for wheat, or fifty-four pounds of rye, 
of fifty-two pounds of Indian corn, of forty-four pounds of barley, 
of forty pounds of buckwheat, and thirty -two pounds of oats. 

Sec. 7. The following original standards, made in conformity Original stand- 
to the provisions of this chapter, to wit: a yard, a pound, a liquid J^^^^'^^y^gJ^ 
gallon, and a half bushel, shall be procured by the state sealer of sealer, 
weights and measures, and deposited in a chest in his office, which 
shall only be opened for the sole purpose of comparing such stand- 
ards with the copies hereinafter described, unless by a joint resolu- 
tion of the two houses of the legislature, or on the call of either 
house for information, or by the order of the governor for scientific 
purposes. 

Sec. 8. Copies of the said original standards, to be made of copies for coun- 
such materials as the state sealer shall direct, shall be deposited by *^®^' 
him in the offices of the county sealers of the respective counties 
of this state, at the expense of said counties, who shall severally 
be responsible for the preservation of the copies respectively deliv- 
ered to them. 

Sec. 9. The state sealer shall cause to be impressed on each Bevices impress- 
of the copies of such original standards, the letter " I," and such ^^ °^ standards. 
other additional device as he shall direct, for the particular county; 
which device shall be recorded in the state sealer's office and a 
copy thereof dehvered to the respective county sealers. 



264 APPENDIX. 



County sealers to Sec. 10. The Several county sealers shall compare all weights 
wdgS^^ ^'^ ^^ and measures which shall be brought to them for that purpose, with 
the above mentioned copies of such standards in their possession ; 
and when the same are found or made to conform to the legal 
standards, the officer comparing them shall seal and mark such 
weights and measures. 
County sealers to Sec. 11. It shall be the duty of the county scalcrs of wcights 
sST^S^^nce a^^ measures, to compare the copies in their possession once in 
in ten years. every ten years, with those existing in the office of the state sealer; 
and every county sealer who neglects to have the copies in their 
Penalty for neg- posscs&ion Compared as aforesaid, shall pay into the county treasury 
*^^' fifty dollars for county purposes : whenever any county sealer fails 

for one month to pay the aforesaid penalty, it shall be the duty of 
the county commissioners' court, to commence suit therefor in their 
own name, before any justice of the peace of the county, and when 
collected, the same shall be paid into the county treasury foi' the 
uses aforesaid. 
Se ^^ ^^^^^ ^^^' ^'^' ^^^^ county sealer shall be entitled to receive for his 
services, at and after the following rates : For sealing and marking 
every beam, six and a quarter cents; for sealing and marking 
measures of extension, at the rate of six and a quarter cents per 
yard ; not to exceed twenty-five cents for any one measure ; for 
sealing and marking- every weight, two cents ; for seahng and mark- 
ing liquid and dry measures, if the same be of the capacity of a 
gallon or more, six and a quarter cents ; of less than a gallon, two 
cents : they shall also be entitled to a reasonable compensation for 
making such weights and measures conform to the standard estab- 
lished by this chapter. 
Penalty for using Sec. 13. If any pcrson or persons shall hereafter use any 
meSiresnotcon- "^^^^g^^^? mcasurcs or bcams, in weighing or measuring which 
forming to the shall uot be couformablc to the standards of this state, established 
S^!^ *^ " hy this chapter, whereby any purchaser of any commodity or arti- 
cle of trade or traffic shall be injured or defrauded, such purchaser 
may maintain an action on the case against the offender ; and if 
judgment shall be rendered for the plaintiff, he shall recover five 
times the damages with costs of suit. 
Who shaiibe state Sec. 14. The secretary of state shall be, ex officio, slate sealer 
and county seal- ^^ ^ycights and mcasurcs, and the clerks of the county commis- 
sioners' court shall be the county sealers of weights and measures 
for their several counties. 
Approved March 3, 1845. 

In force February Au Act to fix the standard weicrht of Coal. 

18, 1847. 

Bushel to contain SECTION 1. Be it enacted hy the People of the State of Illinois, 

^ ^^" represented in the General Assembly, That whenever mineral coal 

bhall be sold by the bushel within the limits of this state, and no 

special agreement as to the weight or measurement shall be made 



WEIGHTS AND MEASURES. 265 



by the parties, the bushel shall consist of eighty pounds, and this 
shall be the standard weight of a bushel of coal. 

§ 2. This act to be in force from and after its passage. 

Approved February 18, 1847. 

An Act in relation to Weights and Mefeisures. In force March 1« 

1851. 

Section 1. Be it enacted hy the People of the State of Illinois, Weight of com. 
represented in the General Assembly^ That from and after the pas- 
sage of this act, whenever any Indian corn shall be sold by the 
bushel, and no specified agreement as to the weight or measure 
shall be made by the parties, the bushel of corn shall consist of 
fifty-six pounds. 

§ 2. This act to take effect from and after the first day of 
March next. 

Approved February 15, 1851. 

An Act to amend An Act concerning Weights and Measures. In force February 

14, 1855. 

Section 1. Be it enacted hy the People of the State of Illinois, -^-eight of grain 
represented in General Assembly, That whenever any of the follow- sow when there 
ing articles shall be contracted for, or sold, or delivered, and no ^i& to wfght"^'^ 
special contract or agreement shall be made to the contrary, the 
weight per bushel shall be as follows, to wit : Shelled corn, fifty- 
six {pQ) pounds ; corn in the ear, seventy (70) pounds ; Avheat, 
sixty (60) pounds; rye, fifty-six (56) pounds ; oats, thirty -two (32) 
pounds ; barley, forty-eight (48) pounds ; Irish potatoes, sixty (60) 
pounds ; sweet potatoes, fifty -five {bb) pounds ; white beans, sixty 
(60) pounds ; castor beans, forty-six (46) pounds ; clover seed, 
sixty (60) pounds ; timothy seed, forty-five (45) pounds ; flax seed, 
fifty-six (56) pounds; hemp seed, forty -four (44) pounds ; blue 
grass seed, fourteen (14) pounds ; buck wheat, fifty -two (52) 
pounds ; dried peaches, thirty-three (33) pounds ; dried apples 
twenty-four (24) pounds ; onions, fifty-seven (57) pounds ; salt, 
fifty (50) pounds; stone coal, eighty (80) pounds; malt, thirty- 
eight (38) pounds; bran, twenty (20) pounds; turnips, fifty-five 
(55) pounds ; hair, (plastering) eight (8) pounds ; unslacked lime, 
eighty (80) pounds ; corn meal, forty-eight (48) pounds ; fine salt, 
fifty-five pounds. 

§ 2. All laws and parts of laws inconsistent with tjiis act are Acts repealed, 
hereby repealed. 

Approved February 14, 1855. 



2G6 



APPENDIX. 



[Acts 



ESTRAYS. 
la force April 24, An Act to amend number 39 of the Revised Statutes, concerning "Estrays." 

Section 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly, That chapter number thirty- 
nine of the Revised Statutes be and is hereby so amended, that 
hereafter every justice of the peace, before whom any estray or 
estrays may be brought for appraisal, shall be allowed ten days 
after the appraisement to make report of the description of the 
estrays, as is required in the second section of said chapter, to 
the clerk of the county or the clerk of the county commissioners' 
court, as the case may be. 

Approved February 22, 1861. 



In force Feb. 15, 
1S65. 



Jndp;es or In- 
spectors of elec- 
tion constitute 
" Board of 
Registry." 



Annual meeting 
of board. 

Town meeting 
excepted. 

List of voters. 



Session two days. 
Proviso. 



List of voters in 

alphabetical 

order. 



In cities. 



Names of all 
voters to be 
entered. 



REGISTRY LAW. 
An Act for the Registry of Electors and to prevent Fraudulent Voting. 

Section 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly, That the persons authorized 
by law, or appointed pursuant to any town or city ordinance, to 
act as judges or inspectors of elections in any town, city, or ward, 
or other election district or precinct in this State, (except the 
moderator of the town meeting in towns adopting township 
organization,) shall constitute a "board of registry" for their re- 
spective towns, cities, wards, districts, or precincts, and shall meet 
on Tuesday, three weeks preceding any state, county, city, or 
town election, (except "town meetings'^ in towns adopting 
the township organization law,) at nine o'clock a. m., and proceed 
to make a list, as hereinafter prescribed, of all persons qualified 
and entitled to vote at the ensuing election in the election district 
of which they are judges or inspectors, which list, when com- 
pleted, shall constitute and be known as the " register of electors'' 
of said election district ; and said board may continue their session 
for the purpose of making said list, two days, if necessary: Pro- 
vided, that at the last election in said district, prior to said meet- 
ing, the number of votes cast in said district exceeded two 
hundred. 

Sec. 2. Said registers shall each contain a list of the persons 
so qualified and entitled to vote in said election district, alphabet- 
ically arranged, according to their respective surnames, so as to 
show, in one column, the name at full length, and in another 
column, in cities, the residence, by the number of the dwelling, 
if there be a number, and the name of the street or other location 
of the dwelling place of each person, It shall be the duty of 
said board to enter in said lists the names of all persons residing 
in their election district, whose names appear on the poll list kept 
in said district at the last preceding election ; in cities the num- 
ber of the dwelling and name of the street or other location, 



1865.] REGISTRY LAW. 267 

if the same shall be known to, or can be ascertained by, such 
board ; and for this purpose said board are authorized to take Poii list filed 
from the office in which they are filed the poll lists made and ™^^ ^® '^^^^' 
filed by the judges or inspectors of such district, at the election 
held next prior to the making of such register. In making said 
list, the board shall enter thereon, in addition to the names on 
the poll list, the names of all other persons who are well known 
to them to be electors in said district; and the names of all 
persons on the poll list who have died or removed from the dis- Names omitted. 
trict shall be omitted from said register. The said board shall 
complete, as far as practicable, the said register on the day of re^^s^eV*^^ 
their meeting aforesaid, and shall make four copies thereof, and 
certify the register and each of the copies to be a true list of the 
Voters in their district, so far as the same are known to them. 
Within two days thereafter, the said original list, together with i-ists when filed, 
the list taken from the office, as aforesaid, shall be filed by said 
board in the office of the town clerk of the town in which said 
election district may be ; but in counties not adopting township 
organization, said list shall be filed with the judges or inspectors 
of election of the proper district ; or if such election district is 
in a city, then it shall be filed in the office of the city clerk of said copy to be kept 
city ; and one copy of said list shall be kept by each of said judges iJgpecS^"*^ 
or inspectors, and carefully preserved by him for their use on the 
day or days hereinafter mentioned, for the revision and correction 
of the same. One copy of said list shall, immediately after its 
completion, be posted in some conspicuous place where the last p°P^^^^ ^^®* *^ ^® 
preceding election in said district was held, and be accessible to 
any elector who may desire to examine the same or make copies 
thereof. Any person who shall take down, tear down, or deface Penalty for tea*- 
any list so posted, shall be deemed guilty of misdemeanor, and 
shall be punished by a fine of fifty dollars, or by imprisonment in 
the county jail for a term of sixty days, or by both fine and im- 
prisonment. The board may, in their discretion, cause printed Printed copies 
copies of said list to be posted up in such places as they may direct, ^^^ e pos e . 
and may cause the same to be published in some neWvspaper in May be pub- 
the county in which such district is situated, at an expense not ^^^^^'^' 
exceeding one cent for each name on said list. 

Sec. 3. In case a new election district shall be formed by the in case of new 
ororanization of a new town, or by the division of any town or district, proceed- 

^ , , , . .• x" -i. i. il, • J • ings by Judges 

ward, or the incorporation oi a city or town, the judges or in- or inspectors. 
specters of the election in the new district thus formed, may 
make their registry of electors on the day prescribed by this 
act, in such manner as a majority of them may direct, and 
for that purpose may make a list, or cause to be made, a certi- 
fied copy of the poll list or lists of the districts in which such 
new district is situated, or they may dispense with such list or 
lists, and proceed to make a register of electors from the best 
means at their command. Said lists shall only embrace the names List to embrace 
of such persons as are known to them to be electors in their ^^^^^ 



268 



APPENDIX. 



[Acts 



Board ehall again 
meet to revise 
and complete 
list. 



Hours of meet- 
ing. 

Proceedings of 
board shall be 
open. 



district, and shall be posted up and copies thereof made, as 
prescribed in the preceding section, and shall be corrected in 
the same manner that other lists are corrected. 

Sec. 4. The said board shall again meet, on Tuesday of the 
week preceding the said elections, in their respective election 
districts, at the place designated for holding the polls of the elec- 
tion, for the purpose of revising, correcting, and completing said 
lists, and for this purpose, in cities, they shall meet at eight 
o'clock in the morning, and remain in session until nine o'clock 
p. m. of that day and the day following; and in other districts they 
shall meet at nine o'clock in the morning, and remain in session 
until four o'clock p. m. of that day. 

Sec. 5. The proceedings of said board shall be open, and all 
persons residing and entitled to vote in said district, shall be en- 
titled to be heard by said board in relation to corrections or addi- 
tions to said register. One of the lists so kept by said judges or 
inspectors, as aforesaid, shall be used by them, on the day or days 
of making corrections or additions, for the purpose of completing 
the registry for such district. 

Sec. 6. It shall be the duty of said board, at their meeting for 
revising and correcting said lists, to erase therefrom the name of 
any person inserted therein who shall be proved by the oath of 
two legal voters of said district, to the satisfaction of said board, 
to be non-resident of said district, or otherwise not entitled to 
vote in said district at the election then next to be held. Any 
elector residing in said district, and entitled to vote therein, may 
appear before said board and require his name to be recorded on 
said alphabetical list. Any person so requiring his name to be so 
entered on said lists, shall make the same statement as to the 
street and number thereof, and where he resides, required by the 
provisions of this act of persons offering their votes at elections; 
and shall be subject to the same penalties for refusing to give 
such information, or for falsely giving the same, and shall also be 
be subject to challenge, either by the judges or inspectors, or 
either of them, or by any other elector whose name appears on 
said alphabetical list ; and the same oaths may be administered 
by the judges or inspectors as now provided in case of persons 
offering to vote at an election, and in case no challenge is made, 
of any person requiring his name to be entered on said alphabet- 
ical list, or in case of challenge, if such person shall make oath 
that would entitle him to vote in case of challenge at an election, 
then the name of any such person shall be added to the alphabet- 
ical poll list of the last preceding year. 

Sec. 7. After the said list shall have been fully completed, 
the said board shall, within three days thereafter, cause four copies 
of the same to be made, each of which shall be certified by them 



Duty of board to 
erase names of 
non-residents. 



Elector may have 
his name entered 

Duty of elector 
requiring his 
name to be en- 
tered. 



Penalty for refus- 
ing to give infor- 
mation. 



Oath to be admin- 
istered by judges 
or inspectors. 



Four copies of 
lists to be certi- 



Wbere filed. 



to be a correct list of the voters of their district ; one of which 
shall be filed in the office of the town clerk of towns, and in 
the office of city clerks in cities; and one of which copies 



1865.] REGISTRY LAW. 269 

shall be delivered to eacli of said judges or inspectors. It 
shall be the duty of the said judges or inspectors so receiving Duty of judges 
such lists, carefully to preserve the said lists for their use on elec- "'^^^^^'^s lista, 
tion day, and to designate two of their number, at the opening 
of the polls, to check the name of every voter voting in such dis- 
trict, whose name is on the register. No vote shall be received at no vote receirod 
any State, county, town, or city election in this State, except at ^eet^n '^^iS^a 
town meetings, in towns adopting the township organization law, name is on the 
if the name of the person offering to vote be not on the said '^^sister. 
register, made on the Tuesday or Wednesday preceding the elec- 
tion, unless the person offering to vote shall furnish to the judges 
of the election his affidavit, in writing, stating therein that he is Affidavit. 
an inhabitant of said district and entitled to vote therein at such 
election, and prove by the oath of a householder and registered Jo5der^^ ^°"^'*' 
iVoter of the district in which he offers his vote, that he knows 
such person to be an inhabitant of the district, and if in any city, 
giving the residence of such person within said district. The ^ , , 
oath may be administered by one of the judges or inspectors of admi'nisteTei™ 
the election, at the poll where the vote shall be offered, or by 
any other person authorized to administer oaths ; but no person 
shall be authorized to receive compensation for administering Without compen- 
the oath. Said oath shall be preserved and filed in the office Oath preseired. 
of the town or city clerk ; or, in case there be no clerk, then 
said oath shall be filed with and preserved by the judges or in- 
spectors of the proper district. Any person may [be] challenged, challenge. 
and the same oaths shall be put as now are or hereafter may be 
prescribed by law. 

Sec. 8. The clerks at each poll, in addition to the duties now Additional duty 
prescribed by law, shall enter on the poll list kept by them, in tion^in\:eepfng" 
columns prepared for that purpose, opposite the name of each pou list. 
person voting, the same statement or minute as hereinbefore re- 
quired of the board in making the registry ; but such entry is 
not to be made by them if the registry contains correctly the 
name and residence of such voter; and in all cases said clerk 
shall enter in a column opposite the name of each person not 
registered, the words " not registered." In cities, every elector, 
at the time of offering his vote, shall truly state the street in street and uum- 
which he resides, and if the house, lodging, or tenement in which ®^ ^^ ^ ^^^®"* 
he resides is numbered, the number thereof. And the clerks of 
the polls, in case the name of such elector is not registered, shall 
truly enter in the appropriate column of the poll list, opposite the ^^jfj"^ Sid^mim- 
name of the elector, the street in which the elector resides, the ber. 
number, in case the house, lodging, or tenement is numbered ; 
and if the same is not numbered, then the clerk shall enter " not 
numbered " in the column of the poll list for entering the number. 
In case of refusal to make the statement as aforesaid, the vote of Ja^^ment."^^ 
such an elector shall not be received. Any person who shall wil- 
fully make any false statement in relation thereto, shall be deemed puLTshSenTS*.' 



270 



APPENDIX. 



[Acts 



After canvass, 
poll lists attached 
together and 
filed. 



M 



guilty of misdemeanor, and shall, upon conviction, be punished 
with a fine of fifty dollars, or by imprisonment in the county jail 
in the county for a period of ten days, or by both such fine and 
imprisonment. 

Sec. 9. After the canvass of the votes, one of said poll lists 
and said register so kept and checked as aforesaid, shall be at- 
tached together, and shall, on the following day, be filed in the 
town or city clerk's office (as the case may be) in which said dis- 
trict may be ; or in case there be no such clerk, then such poll 
lists and register shall be filed with and preserv^ed by the judges 
or inspectors, to be used by the board of registry in making the 
list of voters at the next election ; the other of said poll lists and 
registers, so kept and checked, (except in town and city elections) 
shall be returned to the office of the county clerk of the county 
in which said district may be, at the same time the returns of the 
elections are made. 

Sec. 10. The said board may, if necessary, on the day or days 
of the making and of the corrections of such lists, appoint a clerk 
to assist them in the discharge of their duties required by this 
act ; and the same oath shall be taken by such clerk as is required 
by law of clerks of the polls or of elections. 

Sec. 11. The registers shall at all times be open to public in- 
spection, at the office of the authorities in which they shall be 
deposited, without charge. 

Sec. 12. The members of the board of registration and their 
clerks shall each receive the same compensation as is now allowed 
by law for judges or inspectors of elections, for each day actually 
employed in the making and completion of the registry, to be 
paid to them at the time and in the manner in which they are 
paid their other fees. 

Sec. 13. The said board shall have and exercise the same 
power in preserving order at their meetings, under this act, as 
are given to judges and inspectors of elections for preserving 
order on election days ; and vacancies in said board shall be filled 
in the same manner that vacancies are now filled at elections. 

Sec. 14. Any person who shall cause his name to be regis- 
tered in more than one election district, or who shall cause his 
name to be registered knowing that he is not a qualified voter in 
the district where said registry is made, or who shall falsely per- 
sonate any registered voter, and any person causing, aiding, or 
abetting any person, in any manner, in either of said acts, shall 
be punished, for each and every offense, by imprisonment in the 
State prison for not less than one year. All intentional false 
swearing before said board of registration shall be deemed wilful 
and corrupt perjury, and on conviction, punished as such. If any 
member or officer of said board shall wilfully violate any of the 
provisions of this act, or be guilty of any fraud in the execution of 
the duties of his office, he shall be punished for each and every 
off"ense by imprisonment in the State prison for not less than one year. 



Board may ap- 
point a clerk. 



Registers open 
to public. 



Compensation of 
board and clerks. 



Board may pre- 
serve order. 



Vacancies. 



Pnnishment for 
falsely causing 
name to be reg- 
istered. 



Peijury. 

Violation of law ; 
how punished. 



i 



1865.] BOARD OF HEALTH. 271 

Sec. 15. An Act entitled " An Act to prevent illegal voting ^^^^ ^^ ^^^^ 
at elections," approved February 21, 1861, and an Act entitled amended. 
" An Act to provide for ascertaining the qualification of voters, 
and to prevent fraudulent voting," approved February 22, 1861, 
be and the same are hereby amended by striking out the words 
^'' sixty dai/s"" in said acts, wherever the same occur, and inserting 
in the place thereof, the words " thirty days." 

Sec. 16. Section five of An Act entitled "An Act to provide Actof Feb. 22, 
for ascertaining the qualifications of voters, and to prevent fraud- ■^^*^^' ^ojistrued. 
ulent voting," approved February 22, 1861, shall be construed so 
as to require the number to be indorsed by the judges or inspect- 
ors of election on every ballot cast, and in elections, general or 
special, in pursuance of any law of this State, after the opening 
of the polls, no adjournment shall be had, nor shall any recess be no recess at 
taken until all the votes cast at such election shall have been elections. 
counted and the result publicly announced, provided that judges 
and inspectors of election shall each be allowed the sum of two Compensation of 
dollars for each and every day's service by them performed under J"^g^^- 
the requirements of this act. 

Sec. 17. The secretary of state shall cause this law to be secretary of state 
printed in pamphlet form, with suitable forms and instructions for {.e printed wi\h 
carrying it into eS"ect, together with the general election law of forme, and dis- 
the State, and a sufficient number of copies thereof sent to each *" ^^^ ' 
county clerk in every county in this State to supply each of the 
officers named in this act with a copy. And it shall be the duty 
of each of said clerks to immediately transmit a copy of the 
same to each of the judges or inspectors of election in his county. 

Sec. 18. The necessary blanks for making the registers re- secretary of state 
quired by law shall be prepared by the secretary of state, and to prepare blanks 
transmitted to the persons entitled to receive them, in the same 
manner that blank returns of elections are now transmitted. 

Sec. 19. Nothing contained in this act shall be construed in Not to affect 
any manner to afi"ect the provisions of any act that has been or °*^^^i^^„*^^t* 

1 1 I • f.i/>i iA 11 same session. 

may be passed at the present session 01 the U-eneral Assembly, to 
enable the qualified electors of this State, absent therefrom, in the 
military service of the United States, in the army or navy thereof, 
to vote. 

Sec. 20. This act shall be in force from and after its passage. 

Approved February 15, 1865. 

BOARD OP HEALTH. 

AN ACT to provide for a Board of Health in each township in those 
counties adopting township organization. 

Section 1. Be it enacted hy the People of the State of Illinois, snperdsor, as- 
represented in the General Assembly. The supervisors, assessors sessor and town 
and town clerk of every township shall constitute a board of board of health, 
health, and on the breaking out of any contagious disease in 



272 



APPENDIX. 



[Acts 



their townsliip or immediate vicinity, they shall have power to 
^Yr^^iatioM! make and enforce any rules and regulations tending to check the 
spreading of such disease within the limits of such township as 
they may deem proper; and for this purpose they shall have 
power to shut up any house where any infected person may be, 
or remove such person to any pest house within the limits of said 
township, at the expense of said party so moved, if he be of 
sufficient ability to pay, otherwise at the expense of said town.^ 

Sec. 2. The township clerk shall keep a full record of all the 
doings of said board, and report the same at the annual town 
meeting of such township, and said board shall be allowed for 
their time spent in the performance of their said duties, the 
same sum now allowed to supervisors, and the same, together with 
all bills by them contracted^ and all sums of money by them ex- 
pended, shall be audited by the board of auditors of such town, 
and be paid in the same manner as the town expenses are now by 
law paid.2 

Sec. 3. This act shall only be in operation in counties where 
the board of supervisors shall, by its resolution, accept the same. 

Approved February 16, 1865. 



May shut np 
infected house. 



Town clerk to 
keep record of 
doings of board. 



Compensation of 
board. 

Compensation 
and bills to be 
audited. 



Act to be accept- 
ed by board of 
supervisors. 



DRAINAGE. 



AN ACT to facilitate the Draining of Wet Lands. 



Commissioners 
of highways to 
be drainage 
commissioners. 



Persons owning 
wet and over- i 
flowed lands in 
counties under 
township organi- 
Kation may make 
application to . 
commissioners 
for drain oyer 
other lands. 



Notice in writing 
to owner ot 
agent. 



Section 1. Be it enacted hy the People oftTie State of Illinois^ 
represented in the General Assembly^ That in all the counties of 
this State adopting township organization, the commissioners of 
highways shall be and are hereby constituted ex officio ^ a board 
of drainage commissioners in their respective towns. 

Sec. 2. Hereafter when any person or persons owning wet or 
overflowed lands in any county under township organization in 
this State, desiring to drain the same, shall find it necessary to 
run across neighboring lands whose owner or owners will not give 
consent for the drain to pass through his or their lands, then in 
that case the person or persons desiring the right of way for the 
drain shall make application to the said drainage commissioners, 
in writing, stating through whose premises it is necessary to pass, 
in order to effect a proper outlet for the proposed drain, and he 
shall also furnish to each of the owner or owners, or their agent 
or agents, through whose land it is proposed to pass, a notice, in 



1 A board of health has no power to take and occupy premises as a pest house without 
the owner's consent. — Boom v. City of Utica, 2 Barb., 104. 

2 The rules and regulations, and all doings of the board of health should bo reduced to 
writing. It is held in Wew York that parol evidence of the orders of the board of health 
is inadmissible. Their determinations are judicial, aod must be in writing. — Meeker v. 
Van Hansslaer, 15 Wend., 397. 



i 



1865.] 



DRAINAGE. 273 



■writing, stating that lie intends to make application to the said 
commissioners to lay out a drain through his or their land.^ 

Sec. 8. The commissioners shall agree upon a time not exceed- Commissioners to 
ing thirty days from the receipt of the application of the person nfeeting todeti 
or persons desiring the drain, when and where they will meet to mine on appiica- 
determine upon such application, and if anything shall prevent *^°°* 
the meeting of the commissioners, or any one of them, upon the 
day specified, then they shall as soon thereafter as possible deter- 
mine upon another day for meeting, and they themselves shall Jf ™ noSS'of ^ *^ 
give notice of such meeting to the parties concerned or their meeting, 
agents.^ The application to lay out a drain shall in all cases be Application to 
made to the commissioners residing in the town in which said commissioners of 

, . . , ° the town. 

dram is to commence. 

3 Form of Application to Commissioners to lay out drain. 

To the Commissioners of Highways of the town of Tolono, in the 

County of Champaign^ and ez officio Board of Drainage Commissioners 

in said town. 

The undersigned person [or persons) owning wet lands [or overflowed 
lands) in said town of Tolono, described as follows, to wit. : [describe the 
lands which it is desired to drain) desires to drain the same. In order to 
effect a proper outlet for the proposed drain, it is necessary to pass 
through the premises owned by C. D. and E. F. in said town. The pre- 
mises of C. D. are described as follows : [describe the premises with rea- 
sonable certainty.) The premises of E. F. are described as follows : 
[describe the premises.) The said C. D. and E. F, will not give their con- 
sent for the desired drain to pass through their said lands. Said drain 
is to commence in said town of Tolono. The undersigned, therefore, 
applies to you and requests that you will proceed to lay out a drain 
through said premises of C. D. and E. F., in conformity with the law in 
such cases. 

Dated this day of , A. D. 18—. A. B. 

Note — Care should be taken to write the application on paper sufficient to enable the 
commissioners to note their decision on the back of it. 

Form of notice to owner or agent of intended application to Commissioners to 

lay out a drain. 
To C. D. : 

Sir : — You will take notice that I intend, on the day of , A.D. 

18 — , to make application to the commissioners of highways of the town 
of Tolono to lay out a drain through lands owned by you in said town, 
[or for which you are agent) described as follows, to wit. : [Here describe 
the lands as in the application^) for the purpose of draining certain lands 
owned by me, and described as follows : [describe the lands as in the 
application.) 

Dated this day of , A. D. 18—. A. B. 

* Form of notice of meeting of Commissioners to determine upon application to 
lay out a drain. 

To C. D.: 

Sir : — You are hereby notified that the commissioners of highways 
and ex officio board of draining commissioners, in the town of Tolono^ 

will meet at [state the place,) on the day of , A. D. 18 — , at — 

o'clock — M., to determine upon the application of A. B. to lay out a 

18 



274 APPENDIX. [Acts 

Commissioners to Seo. 4. UpoD meeting, the commissioners shall proceed impar- 
''"*" '^ tially to determine whether in order effectually to drain the land 



determine, if 
necessary, to 

pass through of the party or parties making the application, it is necessary to 

propose . ^^^^ through the land proposed, and if they shall find it neces- 

Direction and sary SO to do, they shall then determine also the direction which 

breadth of drain. ^|^^ ^Y<xm shall run, and also the breadth of the same, granting 

always that the depth shall be such as to produce a current. 
Commissioners to Sec. 5. The Commissioners shall also determine whether the 
posedd'r-i^n^is^a^" P^oposcd drain will be of any practical benefit to the land through 
benefit to lands it which it is to pass, and if so, what portion of the drain the said 
posses, oug . j_^^^ owner or owners shall make, or cause to be made. If the 
commissioners shall be of opinion that the drain proposed will be 
efit*^? othe? ^^''" of sufficient benefit to the land through which it is desired to 
lands, owner re- pass, then they shall decide that the person or persons owning 
iheLmt^ ^ the Same shall make or cause to be made the entire drain running 
across his or their lands, giving a reasonable time for completing 
the same, not exceeding six months nor less than thirty days. 
Cases ^vhere ^^^ ^^ ^^^J ^hall be of Opinion that the drain proposed will not 
drain is not of be of Sufficient benefit to the parties owning the land to compen- 
sate him or them for constructing the entv^e drain, then they 
shall decide what portion of the same he or they shall make or 
cause to be made, giving a reasonable time for completing the 
Party desiring Same; and the party or parties desiring the drain shall be at 
drain may com- liberty to Complete the remainder according to the specifications 

01 the commissioners, at his or their own expense. 
When person ^^^- ^' ^^^ ^^ *^^ pcrson or pcrsons through whose land the 

neglects to make drain is Ordered to pass, shall neglect or refuse to make or cause 
fnt^res^^dmay"^^ ^^^ Same to be made, within the time and according to the speci- 
enter and make fications of the Commissioners, then the person or persons first 
making the application for the drain shall be at liberty to enter 
upon the premises of the person or persons so neglecting or re- 
fusing, and make or cause to be made the drain, following the 
Necessary ex- Specifications of the said commissioners ; and he or they may re- 
pense of work covcr the neccssarv expense of such work from the person or 

may be recovered •, ••' ^ ^ . . ^ . n t fj. • 

persons so neglecting or reiusmg, m an action oi debt, in any 

court having competent jurisdiction in the county in which such 

labor was done or performed. 

When drain is a Sec. 7. If the Commissioners shall be of opinion that the 

damage ; amount drain, if made, will be of damae-e to the land through which it is 

to DC 3.SSGSSGCI TO 

person desiring proposcd to pass, then they shall assess the amount of the dam- 

eame. ^g^ ^^ ^^ p^j^ -^y. ^]^g person or persons desiring the drain, after 

payment of which the party or parties so desiring the drain shall 

be allowed to construct the same at his or their own expense. 

drain through lands owned by you (and other lands) mentioned in his 

said application. 

Dated this day of , A. D. 18—, 

L. M., ) Commissioners 
0. P., [ of 

R. S., J Highways. 



1865] 



DKAINAGE. 275 



But in no case shall the commissioners order a drain to be made Water to be con- 
where the water cannot be conducted into a lake, or pond, or ^^^^^^ ^^• 
river, or other outlet. 

Sec. 8. The commissioners, after having decided either in favor Commissiouereto 
or against the application for a drain, shall note their decision on Sn ra^back^of^ 
the back of the application, and file the same in the office of the application. 
town clerk, and the town clerk shall enter upon his book the date 
of such filing.^ 

-Sec. 9. The fees of the drainage commissioners shall be the Fees of commis- 
same as is now allowed by law for their services as commissioners ^^°'^^^^' 
of highways, and shall be paid in the same manner. 

Sec. 10. Either party feeling aggrieved by the decision of the Party aggrieved- 
commissioners^ either in locating or failing to locate the drain, S^fiftSdays?^ 
may at any time within fifteen days from the filing of such deci- 
sion, appeal from the same^ by giving ten days' notice in writing Ten days' notice, 
to the opposite party or parties. Said appeal shall be taken be- 
fore the supervisor, one justice of the peace, and the town clerk ^k^^^^ *° ^^^^ 
of the town in which the drain is to originate : Provided, that in 
case either of these persons shall be interested personally in the incase of interest 
land or lands through which it is proposed to pass, then the 

^Form of Decision of Commissioners to he noted on the back of the application. 

The said commissioners of highways having met pursuant to agree- 
ment, and due notice to all parties interested, do determine that, in 
order effectually to drain the land of the person making the within 
application, it is necessary to pass through the lands of the said C. D. 
and E. F. as proposed. We have, therefore, laid out a drain across said 
lands running in an easterly direction (or as the case may be) through the 
same, the location of which is shown more particularly by the annexed 
plat. [It toould be advisable to annex a plat of the lands, showing the loca- 
tion of the drain,) and that said drain shall be four feet in breadth at the 
top and two feet at the bottom, [or as the case may he, setting forth such 
further dimcfisions or directions as may be deemed proper.) That said drain 
will be of some practicable benefit to each parcel of land through which 
it runs, and that each owner mentioned within shall make the first 
ten rods thereof on his said land (or as the case may be,) which each 
should complete by the day of , A. D. 18 — . 

( Or say thus, according to circumstances :) Said commissioners are of 
opinion that the drain proposed will be of such benefit to the lands 
described within, through which it is desired to pass, that the persons 
owning the same should make the entire drain across their said lands, 
and which each should complete by the day of , A. D. 18 — . 

[In case damages are allowed, then say :) Said commissioners are of 
opinion that said drain, if made, will be of damage to the said lands 
through which it is proposed to pass, and do assess the damage of said 
C. D. at $— , and the damage of E. F. at $— . 

Dated this day of , A. D. 18—. 

L. M., 1 Commissioners 
0. P., \ of 

R. S., J Highways. 

Note — It is believed that the foregoing snggestiona are sufficient to enable the com- 
missioners to frame an order to suit the occasion of each particular case that may arise 
under the law. 



276 



APPENDIX. 



[Acts 



other two shall select some disinterested person to act with 
them.6 

Sec. 11. The supervisor, justice of the peace and town clerk, 
(in case none are interested as aforesaid,) shall, as soon as practi- 
cable, fix upon a day when they will review the action of the 
said drainage commissioners, and hear the reasons for and against 
the laying of the drain. They shall then, after so hearing, de- 
termine whether the action of the commissioners was in their 
judgment proper, and if they reverse the decision of the com- 
missioners in whole or in part, they shall state the same in writ- 
ing, specifying what changes they have made, whether they have 
relocated the drain, or reapportioned the labor, or reassessed the 
damage, if any there be, which statement shall be filed with the 
town clerk for inspection, and their decision shall be final in all 
cases pertaining to the subject."^ 



Tiine to be fixed 
for hearing ap- 
peal. 



In case decision 
is reversed. 

Changes to be 
specified in 
■writing. 
Sta.ten\ent to be 
filed in town 
clerk's office. 
Decision final. 



6 Form of Appeal from Decision of Commissioners. 

To G. J7,, Supervisor; 7. J., one of the Justices of the Peace; and ^. 
i/., Town Clerk of the town of Belmont, County of Iroquois : 
The undersigned feeling aggrieved by the decision of the commis- 
sioners of highways, of said town of Belmont, in locating [or failing to 
locate) a certain drain applied for by me across the lands of C. D. and 
E. F., in said town, set forth in ray application, upon the back of which 
the decision of said commissioners is noted, and which was filed in the 

town clerk's office on the day of , A. D. 18 — , does appeal to 

you from said decision to the end that you may review the same as 
provided by law in such cases. 

Dated this day of , A. D. 18—. A. B. 

Form of Notice of Appeal from Decision of Commissioners. 
To C. D. : 

SiE : — You will take notice that I shall, on the day of A. D. 

18 — , take an appeal, in accordance with the law in such cases, to G. JH.^ 
supervisor ; /. J., one of the justices of the peace, and K. L., town clerk 
of the town of Belmont, from the decision of the comraissioners of high- 
ways of said town, in locating a certain drain applied for by me [or as 
the case may be) across lands owned by you [as the case may he) described 
in my application, upon the back of which application the decision of 
said commissioners is noted, and was filed in the town clerk's office on 
the day of , A. D. 18—. 

Dated this day of , A. D. ]8— . A. B. 

7 Form of Statement of Supervisor, Justice of the Peace and Town Clerk 

of their Decision on Appeal. 
Vermillion County, ") 

Town of Belmont, / ^* 

An appeal having been taken by A. B. to the undersigned supervisor, 
justice of the peace and town clerk of said town of Belmont, from the 
decision of the commissioners of highways of said town, filed in the 

town clerk's office on the — day of , A. D. 18 — , in locating a certain 

drain applied for by said A. B., due notice of said appeal having been 

given, we did on the day of , A. D. 18 — , having duly fixed 

on that day therefor, proceed and review the action of said commis- 
sioners, and did hear all such reasons as were ofi'ered for and against 
the laying of said drain, and do determine that the action of said 
commissioners was in all things proper. 



1865.] 



DRAINAGE. 277 



Sec. 12. In all cases of appeal, the persons hearing and decid- compensation of 
ing the same shall be entitled to two dollars per day for the time officers, 
necessasily employed in the case ; and if the action of the drain- 
age commissioners is sustained, then the cost shall be paid by the paS?' ^^^ ^^°™ 
party taking the appeal. But if said decision shall be reversed in when fees paid 
whole or in part, then the fees of the said officers shall be paid ^^^ 
from the township funds. 

Sec. 13. In all cases where the commissioners shall have Drain throngh 
ordered a drain through the lands of non-resident owner or i°an°drcosMo be 
owners, and such owner or owners will not make nor pay for assessed against 
making such drain as ordered, then it shall be the duty of the ^^^^^' 
commissioners to assess the necessary cost of constructing ^116^^^^^^^^^^^^^^^^ 
drain against the land, and return the same to the county clerk in returned to 
such county, who shall enter the amount with other taxes, against ^'^^^^ ^■'^^^' 
the said land, and when the same shall have been collected as 
other taxes are collected, he shall pay the amount to the person Anaounttowhom 
or persons making or causing the drain to have been made. ^^^ ' 

Sec. 14. Nothing in this act shall authorize the assessment Oniyone-haif of 
of more than one-half the expense or cost of any drain upon to uninciose? 
uninclosed lands through which such drain may be run. ^^'^'^• 

Sec. 15. This act shall not apply to the counties of McHenry McHenryand 
and Kane, and this act shall not be construed to conflict with noThiciuded!^ 
existing laws for drainage in the county of Cook. 

Sec. 16. This act shall be deemed a public act, and be in force 
from and after its passage. 

Approved February 16, 1865. 

(If the decision of the commissioners is reversed, then say :) and do reverse 
the decision of said commissioners, and do determine that [Here state 
the decision for which the form and suggestions given for the commissioners 
can be used according to circumstances.) 

G. H., Supervisor. 

Dated this — day of ,A. D, 18 — . I. J., Justice of the Peace. 

K L., Town Clerk. 



I 



INDEX. 



Page. 

ACADEMIES. -See Schools. 
property of not taxed, . • • 151 

ACTION. See Evidence; Prosecution; 
Suit ; Witness. 
on collector\s bond, limitation of, . 37 

on con.stable's bond, limitation, . 38 

on supervi.sor"s bond, clerk bring, . 42 

inhabitant of town may testify in, 42 

by and against towns, . • • 48-50 

same, form of entitling, . . 49 

by and against counties, . . 50 

against defaulting county treasurer, 58 

same, disposal of money recovered, 58 

qui tarn for road law penalty, . 108 

for misconduct of election officer, 119 

against delinquent county clerk, . _ 119 

against delinquent witness or justice in 

contested election, .... 120 
for refusing proper vote, . . . 127 
for repairing common field fence, . • 132 
for damage to fence, .... 134 
same, mode of proof, .... 134 
for injuring animals where fence bad, 135 

same, barred by agreement, . . 135 

under law as to fences, . . . 141 
under revenue law, not abate for want of 

service, 198 

same, subsequent judgment ; fees, . 198 
against county, ..... 215 

ADMIN ISTilATOR, assessment of property 

held as, 58,59 

how list property, .... 152 

AFFIDAVIT. See Oath. 

to wrong assessment, .... 60 
posting road petition, ... 84 

form of same, . • . . . 84 

posting notice for resurvey, . . 93 

form of same, 93 

notice of road 
form of same, 
list of delinquent lands, . 187, 195 

ALMSHOUSE. See Poorhouse. 

ANIMALS, tosvns may regulate range of, 25 

towns regulate penalties as to pounded, 25 
impounded, how to be sold, ... 25 
redeemable by owner for three months, 25 
■when admitted to common field, . . 133 
damages if fence broken by, . . 134 
damage to when fence bad, . . 135 

trespassing, how secured and treated, 35 

ANNUITIES, how valued, . . .154 

APPEAL, road. See IIoad Appeal, 

froai fine laid by commo field owners, 133 

from tax sale, 180 

from valuation of railroad, . . 181 

same, by tax payer, .... 181 

from order for tax sale, . . . 105 
from county commissioners' court, . 218 

firom circuit court, .... 219 

ARREST, exemption from on town election 
day, 28 

A9.*"ES. -See Animals. Towns may regu- 
late range and pounding of, . .25 



to. 



Page. 

ASSESSMENT. See Assessors ; Clerk op 
County Court; He-assessment; Taxes. 
provisions as to, 58-63, 152, 154, 159, 175, 180 
of land where owner resides, . . 58 

of land occupied by a tenant, . . 58 

for personal property, ^vuere, . . 58 

of real estate of coi'porations, . , 58 

of stock of corporations, ... 58 

of toll-bridges, 58 

of stage companies, .... 58 

exceptions as to railroads, . , 58 

county clerk prepare books for, . . 58 
books for, county pay for, 
county clerk prepare lists for, . . 59 

same, how and when furnished, . 59 

when to be made, 69 

mode of making, .... 59 

of trustee, guardian, executor, adminis- 
trator, .... 
when to be completed, 
meeting to correct, 
review and reduction of, 
forms to be used in, 
equalized by board of supervisors, 
unfair, how amended or set aside, 
proceedings on injunction, 
same, mode of re-assessment, 
returns of to county clerk, 
compensation for making, 
how far previous laws in force, 
county clerk's fees for services as 
deductions in, 

of merchants' and manufact'ers' 
of bankers' and brokers' property, 
of banks and corporations, 
of personal property, annual, 
not illegal for want of forms, 
of land lying in two counties, 
of land in two towns, 
of government lands, 
canal, school, saline lands, 
of railroad company, 
time of, .... 

of railroad company, how made 
same, appeals from, 
same, appeals by taxpayer, 
same, bond required, 
not invalid for delay, 
a lien on personal property, . 
same, sale not discharge lien, 
omitted, how supplied, . 
of lands sold by state, 
such lands not to be forfeited, 
ASSESSOR. See Assessment: Clerk op 
County Court ; County Assessor. 
act in apportioning estate of divided town, 18 
same if part of town set off, . . 18 

same in apportioning personal estate, . 20 

when cho.sen, 23 

to be fence viewers, .... 24 

chosen by ballot, .... 33 

formalities as to oath and acceptance, 

35-6,159,164 



. 59 
59 
69, 161 
60,162 
. 60 
60 
60,161 
61 
. 61 
61 
. 61 
63 
• 62 
154 
property, 155 
156, 157 
, 158 
. 159 
. 167 
163 
. 169 
175 
16d 
175 
175 
176 
181 
181 
181 
182 
199 
199 
208 
208 
208 



,169, 



280 



INDEX. 



fine for refusing to serve, ... 39 

compensation of, 48 

elect between assessing owner and tenant, 58 

county clerk prepare books for, . , 59 

call for such books, .... 59 

county clerk furnish list of lands, . 69 

•when lists of lauds to be given, . . 59 

when to perform assessment, . . 59 

set each article in separate column, . 69 
designate trustee, guardian, executor, ad 

ministrator, 59 

•when complete rolls 

notify completion of rolls, ... 69 

contents of such notice, .... 69 

time of meeting to cori-ect roll, . . 69 

how review and reduce assessments, . 60 

use foi-ms furnished him, . . . 160 

to be a judge of elections, . . . 108 

proceed if fraudulent list, . . 153 

value certain personal property, . . 153 

value property undervalued, . . 153 
rules for valuation, . . 154,152,159,180 

ascertain penalty for not listing, . . 15' 

duties of, 159,170 

call at office or residence of each person, 160 
make entries, and have signed, . . 160 
if person absent, leave notice, . • 160 
record date of such notice, . . 160 
may administer oaths, .... 160 
assess where owiier refuses information, 160 
same, examine witnesses on oath, . 161 
same, further proceedings, . . . 161 
make valuation list for clerk, - . 101 
note where property valued by him, . 162 
deliver statements of property listed, . 16'2 
make oath to return, form of same, . 162 
how list where value can not be fixed, 163 
make out and deliver sworn abstract, . 163 
how list real property, . . . 163 
game, of non-resident, noted, . . 163 
same, sum up aggregate, when make re- 
turn, - 163 

penalty for neglect of duty, . . . 164 

meet annually for advice on duties, . 166 

same, repealed, 178 

agree on basis of assessment, . . 16' 

same, repealed, 178 

pay double damages for neglect, . 16' 
cause land to be surveyed and platted, 

when, 168 



collect expense of so doing with tax, 

county clerk furnish lists to, iby, 

enter lands omitted by clerk, . 

term means town assessor, . 

notify railroad of changed valuation, 

add property subsequently taxable, . 

same, return of loan m.ade, 

allow for destroyed property, . 

proceed where lots and blocks laid out, 

allow for injury in consequence of pubUc 
ATUtt, 

enter statistics of crops, .... 

delay of, not invalidate assessment, 

same, not release liability of, . 
ASSISTANT SUPERVISOR, when allowed, 

powers of, 

in East and West Galena, 
AUDITOR. See Board of Towx Auditors. 
AUDITOR of public accounts, rece ve rep'.rt 
of to^vnship commissioners, 

provide for re-naming duplicated town 
name. 

file copy of county treasurer's bond, . 

prosecvite defaulting county treasurer, . 

approve or oppose abatements of assess- 
ments, • 

canse survey of uncertain county line, . 

determine assessment of land in two coun- 
ties, 



obtain and distribute land office abstracts, 

169, 208 
furnish forms of Instruction under reve- 
nue laws, 170 

advise clerk as to estate not listed, . 170 
instruct as to statistics of crops, . . 180 
assess tax for state debt, . . . 181 

same, amount of, 182 

same ; kept separate ; name of; . . 182 
adjust wrong tax abatements, . . 186 

proceed against defaulting collector, . 188 
special agents for that pui-pose, duties of; 

bond of; 189 

same, penalty for false return on warrant, 189 
same, penalty for misusing funds, . 189 
duty as to list of dehnquent land, . . 189 
add 50 per cent, for delayed taxes, . 1S9 
make and furnish list of delinquent lands, 189 
credit tax on forfeited land, . . . 196 
charge forfeited land to collector, . 196 
repay overplus paid by collector, . . 198 
charge collector with surplus tax, . 199 
make dividend of school money after cen- 
sus, 201 

give order on collector for same, . . 201 
duty as to collector's payments, . . 202 
certify on return of delinquent list, . 202 
furnish revenue instructions to county 

clerks, 202 

print and distribute revenue act, . 202 
buy real estate levied on for state, . . 205 
same, subsequent redemption, . . 205 
same, obtain deed if unredeemed, . . 206 
same, he may sell for state, ... . 206 
same, price of sale, .... 206 

may require state's attorneys to sue, . 206 
furnish lists of lands newly taxable, . 208 
duty as to county school money, . 210 

BALLOT. See Voter, Votes, A'oting. 
when used at town meetings, ... 33 
mode of preparing and delivering, . 33 

to be deposited in box, .... 33 
penalty for expcv^ing, ... S3 

dispos.al of, if more than polls, . . 34 
folded doiible, destroyed, ... 34 

how deposited, 125 

to be without distinctive marks, and on 

white paper, 125 

excess of destroyed, .... 125 

voter's name endorsed on, . . . 129 
strung and sealed up when counted, . 129 
kept six months for reference, . . 129 
use of in contested election, . . . 129 
BALLOT-BOXES, county provide, . 125 

judges of election keep, .... 125 

construction of, 125 

sealed with poll list and kept, . . 126 

BANK COMMISSIONERS, duty as to bank 

tax list, 158 

BANKERS AND BROKERS, property how 

hsted 152, 156, 157 

156 

. 157 

158 

. 158 

158 



180 

180 who considered to be, 

182 penalty for not listing, 

182 BANKS, tax lists how made 

23i president and cashier make list, 

441 bank commissioner value, . 

110 rule for estimating notes and discounts, 158 

BELVIDERE, roads in to be highways, . 232 

game, how vacated and altered, . . 233 

16 evidence as to same, .... 233 

BETTING on election, fine, ... 122 
18 BLOOMINGDALE, doings as to roads legal- 
56| i/.ed, ... ... 233 

58 BOARD to fill vacancies in town offices, com- 
pensation of, .... . 43 

162! BOARD OF SUPERVISORS. See Supervisors. 

1681 credit commissioner' accounts, . . 14 

alter town bon^lds, create new towns, 37 

169] when appoint town officers, ... 13 



INDEX. 



281 



annex town to another when, . . 18 

each town supervisor to attend, . . 43 
order levy of town taxes, . . .47 
proceedings by or against county to be in 

name of, ..•••• 51 

exercise powers of county, . . 51 

process how to be served on, ... 51 
powers and duties of, . . . 51 — 55 

annual and special meetings of, . . 51 

special meetiugs, when held, . . 51 

same, how caUed, 51 

same, clerk publish notice of, . . 51 

annual meetings, when and where held, 52 

organize by choosing chairman, . . 52 
proceedings as to election certificates of 

members, . . . ... 52 

form of call for special meeting, . . 52 

form of notice of same, to members, . 52 

form of notice for publication, . . 52 
powers of, . . . . . . 52-5 i 

Eaake orders as to county property, . 63 
audit county charges, and raise money for 

same, 53 

audit accounts against towns, and raise 

money for same, 53 

appropriate funds for roads and bridges, 53 

change bounds of towns, and make new, 63 

give name to tosvns, and change same, 53 

relocate and vacate state roads, . . 53 

perform other duties required, . . 54 

majority to be a quorum, ... 54 

vote decided by majority present, . 54 
sit with open doors, . . . .54 

chairman may administer oath, , 54 

county court clerk to be clerk of, . . 54 

same, duties of as such, ... 54 

same^ compensation of, .... 54 

same, hold books and papers, . . 54 

any one may examine books and papers, 64 

clerk endorse accounts, ... 54 

clerk furnish certified copies ; fee ; . 54 

build and repair court house and jail, 64 

have charge of poor and poor houses, . 64 

audit pay and accounts of overseer of poor, 55 

new name of town sent to auditor, . 55 

pay to be S2.00 a day, ... 55 

clerk publish proceedings, ... 55 

penalty for neglect of duty, . . 56 

audit county treasurer's accounts, . 57 

prosecute his bond on default, . . 68 

audit bills for assessors' books, . . 69 
equalize assessments ; rules, 
alter description of non-resident's land, 

change improper assessment, . . 60, 161 

appoint person to make new one, . 60 

provide for reassessment if injunction, 61 

appoint person to reassess, ... 61 

fix compensation for same, . . 61 

appoint collector on reassessment, .. 61 

fix time for returns by same, . . 62 

levy county tax, not over five mills, . 62 

levy tax to build bridge, ... 71 
levy and pay over road tax, 
relocate or vacate state road on petition,' 
petition to be by 35 freeholders, 

appoint viewers on same, ... 89 
viewers, duties of, ... 89-91 

same, notice to ; form ; . . . . 90 

same, form of oath and report of, 90 

same, how report on vacating, . . 90 

same, cause survey to relocate, . . 91 

make order on report of viewers, . , 91 

fix pay of viewers 91 

may require deposite before viewing, . 91 
may not alter state roads, ... 91 
hear petition against excessive road dam- 
ages, . 102 

how decide on such petition, . . 102 

form of such petititlon, , , . . 103 1 



sell poor farms, 147-8 

same, chairman make deed, . . . 148 
same, former sales and deeds legal, . 148 
fill collectorship if vacated, . • . 160 
examine assessment rolls, . . . 164 
value land omitted in same, . . . 164 
fix and record rate of taxation, . . 165 
fix county boundaries where uncertain, 168 
same, cause survey and plat, . . 168 
same, if not act, auditor survey, . 168 
clerk make warrant for new collector, . 173 
duty as to assessing railroads, . . 175 
correct changed values in tax list, . , 178 
chairman approve county treasurer's bond, 178 
allow clerk fees for tax lists, . . 179 
approve and record coimty collector's bond, 184 
allow credit to collector on forfeited lots, 187 
refund erroneous taxes, .... 198 
levy not over four mill county tax, . 198 
when levied ; hen to secure, . . . 198 
transfer tax from real estate where per- 
sonal property, 205 

appoint persons to take census, . . 211 
make regulations as to dogs, . . . 227 
permit plank or other road on state or 

county road, 228 

re-survey town roads, .... 228 
permit plank road to transfer route to rail- 
road, 229 

of Boone County, levy additional tax, . 233 
of Jo Daviess County, same, . . 232 
of Cook county, two thirds of must vote 

for roads and bridges, .... 239 
may borrow money, .... 240 
same, regulations as to bonds and use of 

money, 240 

BOARD OF TOWN AUDITORS, duties of, 45-47 

who constitute, 45 

examine town accounts, ... 45 

vacancy in how filled, .... 45 
times of meeting, . . . . 45 

deliver accounts audited to clerk, . . 45 
audit town charges and claims, . . 46 

make certificate of doings, ... 46 
may require aifidavit to accounts, . 46 

compensation of, 48 

certify expense of bridge to supervisors, 71 
certify to expense and damages on road ap- 
peal, - . 101 

same, form of certificate, . . . 102 

BOND, OFFICIAL. See under names of 
Officers. 

of town collector, 38 

same, form of, 38 

same, supervisor approve and take, . 38 

same, recorder to record, ... 37 

same, a lien on collector's real estate, 37 

same, limitation of actions on, . . 37 
same, when to county court clerk, . 37 

of constable, and condition, ... 33 

same, form of, 33 

same, supervisor or clerk approve and en • 

dorse, 38 

same, filed 38 

same, certified copy to be evidence, . 38 

same, limitation of actions on, . . 38 

supervisor's, how made and approved, . 42 

same, suit on, 42 

county treasurer's, how made, . . 55 
county collector's also required, . 56 

county treasurer's, entered and filed, . 56 
same, public auditor have copy, . . 56 

same, lien on treasurer's real estate, . 56 
same, prosecuted on default, . . 58 

of collector on reassessment, ... 61 
collector's, effect of satisfaction of, . 62 

of treasurer of highway commissioners, 65 

on road appeal, 95 

same, form, 95 



282 



INDEX. 



under revenue act, release of, . . 197 

official, county clerk's, . . . 213 

on appeal from county commiss'n'rs' court, 218 

county treasurer's ; form, . . . 222 

BONDS, INVESTMENTS IN, defined, 149 

BOONE COUNTY, additional tax in, . 232 

Boundaries of towns, to be gov. township lines, 14 

creek or river may be, ... 14 

commissioners to fix, .... 14 

alteration of, 17 

BRIDGES. See Causeways: Roads and 
bridges; Toll-bridges. 

provisions as to, 71-74 

tax for how laid and collected, . . 71 
notice to prohibit fast driving on, . 72 

penaltyfor fast driving on, . . 72,211 
treble damages for injuring, . . 72 

penalty for injuring, .... 108 
on town boundaries, at joint expense, 72 

joint contracts for by commissioners, . 72 
if one town neglect, how built, . . 72 

same, suit for part of expense, . . 72 
judgments against commissioners as to, a 

town charge, ..... 73 
at crossings under highway to join private 

lands, 73 

sign on, to prohibit fast driving, . 201 
BROKERS. See Bankers. 
BURIAL GROUND. See Cemetery. 
not taxed, 151 



25 
26 
26 

24 
209 
. 165 

33 
. 34 

34 
. 34 
126,7 
. 231 



25 

72 

108 

21 
151 
201 
211 
211 



BY-LAWS, towns may make, 
to^vn clerk to publish, 
of towns, in force from adoption, . 
CANADA THISTLES, towns provide for 

killing, 

CANAL LANDS, forfeit for unpaid tax, 

how assessed, 

CANVASS of vote at town meeting, 
not to be stopped after commenced, 
mode of conducting, .... 
statement of minutes to be read, 
at elections, conduct of, 
CARRIAGE, meaning of term, 
CATTLE. -See Animals. 
towns may regulate range, pounding and 

sale of, 

CAUSEWAY, damage for injuring, 

penalty for injuring, .... 
CEMETERY^, in divided town, to belong 
where it remains, .... 

not taxed, . . . . . 
CENSUS, school money distributed after, 
act providing for taking, 
board of supervisors appoint takers, 
CERTIFICATE, official. See under names 

of officers- 
CHALLENGE to voter at town election, pro- 
ceedings, 30, 31 

at elections, 124, 128 

CHARITABLE INSTITUTIONS not taxed, 151 
CHICAGO, ward supervisors of, . . 100 

CHICAGO, and North, South and West 
Chicago. 

See Cook County. 
town meetings abolished ; substitute, 239 

town officers, choice of, ... 239 

election returns in, . . . . 240 
special town meetings, , , . . 240 
CIRCUIT COURT. See Clerk op Circuit 
Court; Judge. 
time of electing judge, .... 122 
jurisdiction on appeal, . . . 219 

appeal from to supreme court, . . 219 

ClfflES, powers of supervisor of ward of, 44 
ordinances not affected by road law, 231 

CLERK OF BOARD OF SUPERVISORS. 

See Board of Supervisors. 
CLERK OF CIRCUIT COURT, judge ap- 
point if vacancy, .... 123 



chosen at next election, . . . 123 
election how contested, .... 123 
issue summons on appeal, . . 219 

provision for office for, .... 219 
CLERK OF COUNTY COI\BnSSIONERS. 

See Clerk of County Court. 
CLERK OF COUNTY COURT, record and 

certify township organization vote, 13 

receive report of conunissioners, . 14 

distribute notices for first town meeting, 15 
transmit commissioners' report to state 

auditor, 16 

record description of towns organized, 16 

receive information of dupUcated town 

names, 16 

inform auditor of new town name substi- 
tuted, 16 

to be clerk of board of supervisors, . 54 
his duties as such, ..... 54 
send auditor copy of treasurer's bond, 66 
prepare books for county assessors, . 58 
furnish lists of taxable lands for same, 59 
when furnish lists of lands, . • . 59 
guide in making such hsts, . . 59 
make lists for collector on re-asscssment, 61 
fees for services as to taxation, . . 62 
notify election to abolish township organ- 
ization, 109 

transmit presidential vote, . . . Ill 
make notice to judges of election, . 112 

make notice of election, . . . 113 
form of such notice, .... 113 
make abstract of votes, . . . 115 
make certificates of election, . . . 116 
duties where two counties in one district, 116 
same, travel fees of clerks, . . . 116 
certify to pay of election judgesund clerks, 116 
transmit abstract of vote, . . . 117 
furnish copy if returns arc delayed, 117 

notify of vacancy in legislature, . . 118 
same, in sheriff's or coroner's office, . 118 
penalty for non-performance of duty at 

elections, 119 

give certificate on contested election, 121 
canvass and publish result of election, 126 
notify governor of vacant sheriffalty, 127 
notify of non-resident pauper, 144, 146 
enter merchant's property on tax list, 157 
report same to collector, . . . 157 
ascertain penalty for not listing, . 157 
issue call to fill vacant collectorship, . 160 
administer oaths as to assessment, . 160 
compare assessment rolls, . . . 164 
correct and copy same ; lay before super- 
visors, 164 

his fees for same, .... 164 

extend taxes on copy, .... 164 
deliver corrected roll to collector, . 104 
attach warrant to roll, .... 1155 
contents of warrant ; form, . 1155 

notify treasurer when tax book ready, 166 
advise assessors as to their duties, . . 167 
pay double damages for neglect of duty 

under revenue law, .... 167 
file county line survey, . . 168 

file abstracts ft'om laud office, 169 

furnish lists to assessoi-s, . , 169, 170, 177 
how make same, • • • 169, 177 

inform auditor of estate not listed, . 170 

correct records as to same, 170 

compare and correct real estate hst for as- 
sessor, . .... 170 
make list of railroad property, _ , 175 
notify railroad of changed valuation, 177 
preserve collectors' tax books, . . 177 
allow for changed value of property, 177 
approve county treasurer's bond, . . 178 
fees for making hsts, . . 179 
fees for tax abstracts and delinquent lists, 179 



INDEX. 



283 



\ 



compute taxes due, .... 185 

add any back tax and interest, . . 185 

make resident tax list, . . . 185 

make non-resident tax list, . . 185 

abstract of lists certified-and mailed, 186 

penalty for wrong abstract, . . . 186 

certify list of abated taxesj . . 186 
correct and copy list of delinquent lands, 18 

deliver papers for collector's settlement, 188 

coinpiire and correct delinquent list, . 190 

take tax boolcs if collector dies, . 192 

same, have abstract made, . . . 192 

record lauds adjudged to be sold, . 194 

such list be process for tax sale, . . 194 

record lots as sold, .... 194 

record redemptions of same, . • 194 

make and deliver transcript of tax sales, 195 

make order for redemption of land, . 196 

annual report of forfeited land, . . 196 

record twice paid taxes, . . . 199 

give certificate of land sold for tax, . 200 

books evidence of tax sale, . . . 200 

cancel erroneous sale, .... 200 

fees under revenue act, .... 202 

duties as to arrear taxes, . . . 207 

not to buy at tax sale, .... 209 

penalty for same, .... 209 

liable for redemption money, . . . 209 
vacate office by not paying same, 

duty if county commissionership vacant, 213 

elected, hold office four years, . . 213 

pLace of office, oath, bond, . . 213 

removable for cause, .... 213 
vacant office how filled, . . 213, 214 
not delivering books to successor, penalty, 214 
post statement of county funds, 218, 225 

same, fine for omitting, .... 218 

file transcript on appeal, . . . 219 

provision for office for, .... 219 

issuing orders, how signed, . . 219 

file treasurer's reports, .... 223 

receive no county money, . . . 223 

record annual county settlement, . 224 

penalty for neglect of duty, • . 22c 
)LERK OF ELECTION, judges of election 

choose, 112 

term of office at pleasure of judges, . 112 
oaths of, ... . . 113 
proclaim opening and closing of poll, 114 
make poll books how, .... 115 
county clerk certify to pay, . • 116 
penalty for misconduct of, . . 118, 119 
keep poll list ; how kept, ... 125 
duty in canvassing vote, . . . 126 
attest poll books, .... 129 
CLERK OF SUPREJIE COURT, judgQ ap- 
point if vacancy, ... 123 
election how contested, ... 124 
COA0HES,hackney, not included in road law, 231 
COLLEOnONT. See Collector. 
OOLLECTOR. See County Collector. 

when elected, 23 

elected by ballot, .... S3 
ft)rmalities as to oafh and acceptance, . 35 
bond of, executed to and filed with super- 
visor, • . . 36 

same, form of, ... . 33 
same, supervisor to approve, and file ■with 

recorder, 37 

same, form of supervisor's approval, . 37 

same, recorder enter, .... 37 

same, lieu on his real estate, . . 37 

same, limitation of actions on, . . , 37 

make bond to county clerk when, . 37 
neglect to give security and take oath a 

refusal to serve, .... 39 

proceedings if stopped by injunction, 61 
on re-a.ssessment, board supervisors may 

appoint, ...... 61 



same, bond, compensation, penalties of, 61 

same, authority of, .... 61 

same, time of returns by, ... 62 

if delay to pay over state revenue, . 62 

receive taxes from each of two claimants, 62 
entitled to satisfaction piece on accounting. 02 

a judge of elections, .... 108 

how collect on merchandize, . . 157 

■warrant for, substance and form, 165, 166 

levy by distress if tax refused, . . 166 

payment to, ■when required, . . 166 

proceed where land in two counties, . 168 

provisions as to duty, . . . 171 

call on each person, • , . . 171 

distress if tax refused, . . . 171 

notify tax sale, . . • . . 171 

return surplus at sale, . . . 171 

proceed on removal of tax payer, . . 171 

■when pay over tax, .... 171 

take duplicate receipts, .... 172 

pay surplus tax to supervisor, . 172 

receive part of tax, .... 172 

proceed if share undi^vided, . . 172 

proceed when unable to collect, . . 172 

file and swear to such return, . . 172 

refusing or failing to serve, vacancy filled, 173 

same, duties of appointee, . . . 173 

same, surety not relieved, . . . 173 

same, Avarrants for successor, . . 173 

not paying over, proceedings, . 173, 174 

compensation of, 175 

advertise delinquent lands, . . 178 

sale of same, ■when, .... 178 

list delinquent lands how, . . . 179 

not collect railroad tax, . . . 179 

COLLEGES, property of not taxed, . 151 
C0M3IISSI0NEKS to lay off county into 

towns, 14 

services of audited bj' supervisors, . 14 

services of paid by county, ... 14 

mode of performing duties of, . . 14 

name town, if inhabitants do not, . 14 

appointed by county court, . . 14 

report to county court clerk, . . 15 
COMMISSIONERS OF HIGHWAYS, when 

chosen, 23, 199 

towns may order to raise road tax, . 24 

terms of office, 110 

draw lots for same, . . • . 110 

elected by ballot, 33 

formalities as to oath and acceptance, 35 

fine for refusing to serve, ... 39 
successor to demand books and papers, 39, 40 

same to be delivered to successor, . 40 

public money to be paid to successor, 40 

same, delivery in case of death of, . 40 

form of oath at such delivery, . . 40 

compensation of, • ... 47 

have charge of roads and bridges, 63 

repair roads ; repair and build bridges, 64 

lay out, regulate, alter and vacate roads, 64 

describe undescribed highways, . . 64 

repair roads and bridges over streams, 65 

di^vide towns into road districts. . . 65 

form of description of road, . . 65 

form of division into road districts, . 65 

assign road labor to inhabitants, . 66 
direct overseers of highways to warn for 

labor, 66 

choose treasurer ; his duties, . . 66 

his bond, its contents ; form of, . . 66 

order of, required to pay money, . 66 

annual account to town auditors, . 67 

same, items of, qj 

same, form of, qj 

put up guide-boards, . , gg 

direct scraper and plow to be got, , 68 
time of meeting of, • » , 68 110 

assess highway labor, . . , . ' 68 



2'84 



INDEX. 



list number of days for each person, . 69 
list description of land, and amount of tax, 69 
list subscribed and filed, ... 69 

form of order of assessment, . . 69 

form of assessment of labor, ... 69 
form of a*;sessment of road tax, . . 69 

have copies made and given to overseers, 70 
credit persons living ou private roads. . 70 
additions to lists, .... 70 

penalty for neglect of duty, ... 71 
Btate expense of bridge needed co town 

auditors, 71 

form of estimate for building bridge, . 71 
put up prohibition of fast driving on 
bridges. . . . . . 72,211 

of adjoining town contract jointly for 

bridge 72 

form of such contract, ... 72 

liable on such contract, .... 72 

form of notice to join in same, . . 73 

appoint to vacant overseership of high- 
ways, . . . . . . .74 

file warrant and notify such appointee, 74 

sue delinquent overseer, 
audit and pay bill of overseer, . 
apply road tax to roads and bridges, . 79 
apply unexpended money, ... 80 

prosecute delinquent overseer, . .80 
alter, close, or lay out road on petition. 82 
same, provisions at length, . . 82 — lOS 
same, proceedings on petition, . . 84 

same, personally ex.amine route, . . 84 
same, have hearing before decision, . 84 

same, fix and notify time and place of 
hearing, ...... 84 

same, form of notice of hearing, . . 84 
to lay out or alter road, cause survey, 85 
same, report and plat of survey, . . 85 
same, orders to contain plat and survey, 85 
same, file order with town clerk, . . 85 
same, form of surveyor's report, . 85 
same, form of commissioner's order, . 85 
same, agree with owner on damages, . 86 
same, damages otherwise to be assessed, 
same, form of refusal to alter or close, 86 
same, foi-m of agreement on damage, 86 
same, commissioners how assess damage, 8' 
same, benefits of road assessed, . . S 
same, form of assessing damages, . 8 
same, form of owner's release of damages, 8 
cause resurvey of county road on peti- 
tion, 92 

same, form of petition, . . 92 
same, form of notice of petition, . . 92 
same, consult original field notes and sur- 
vey, 92 

same, hear evidence, .... 92 
same, re-establish such road, . . 92 
same, make aud file certificate, . . 93 
same, form of affidavit to notices, 
same, forms of certificate of re-establish- 
ment, 93 

subsequent laying out not vacate county 

road, 93 

appeals from action of, . . . 93 — 101 
same, see Road Appeal.. 
refusing to lay out road, appeal, . 
same, duty if refusal reversed, . . 100 
appeal from if road on town line, . 100 
not change road for a year after appeal, . 101 
render account of road damages and char- 
ges 101 

same, forms as to accounts, . . 101-2 
of adjoining towns, proceedings on road in 
both, ...... 103 

of adjoining counties, same, . . . 103 
divide expense where road on town line, 104 
set off road districts in same case, . 104 
open road through improved land, . . 104 



same, notify to remove fence, . . 104 
same, foim of such notice, . . . 104 
same, how proceed if fence not moved, 104 
same, if appeal, notice when, . . . 105 
how proceed to lay out private road, . 106 
same, form of order to lay out, . . 106 
permit plank or other road on state or 

county road, 228 

approve re-svirvey of town roads, . . 228 

COMMISSIONERS of Illinois and Michigan 

canal, enter forfeited canal lauds, . 209 

COMMISSIONER OF SCHOOL fund, super- 
vise distribution of school money, . 201 

COMMON FIELDS, provisions as to, 131—133 
proprietors, meet annvially, . . . 131 
same, regulate fields by major vote, . 131 
same, may fence their part, . . 131 

same, election and duties of officers, . 131 
same, choose field committee, . . 131 
duties of field committee, . . . 131 
proprietor's meeting, how called, . 1.31 
same, tax themselves for expenses, . 132 

same, appoint collectors, . . .. 132 
committee regulate making fences, . 132 

same, obey ordei's of proprietors, . 132 

proprietors may pass over each others 

land to make fence, .... 132 
fence between and other land, . . 132 
field committee repair boundary fence 

when, 132 

same, recover amount of deUnqucnt, . 132 
notice of laying open lands next, . . 132 
same, damages for omitting, . . 133 
charges against proprietors, how paid, . 133 
same, how audited and vouched, . 133 

proprietors may order fines, . . . 133 
limit of fines ; appeal, .... 133 

to have good fence, 133 

animals, when admitted, . . • 133 
same, proprietors regulate admission, . 133 

COM3IUTATI0N for highway labor, . 75 

when to be paid, 76 

CONSTABLE, when chosen, . . 23 

elected for four years unless vacancy, 23 — 39 
additional when'allowed, ... 23 

number and pay of additional, . . 23 
special election may choose if vacancy, 27 

elected by ballot, 33 

take oath of office, .... 37 
give bond ; contents of same; form of, . 38 
neglect to give bonds and take oath, a refu- 
sal to serve, 39 

form of approval of bond of, . . 39 

how collect fine on road labor complaint, 77 
special at election, .... 114, 115 
duty where information refused to assess- 
or, 161 

CONTESTING ELECTION. See underEhEC- 

TIOX. 

CONTRACTS, towns may make, . . 16 

counties may make, .... 50 

same, how made, .... 215 

CONVEYANCE, of land to towns, . . 17 

of land of divided town, form, . . 19 

of land to counties, .... 51 

COOK county, provisions as to town meeting, 110 
two-thirds of supervisors vote for roads 

and bridges 239 

to^vn meetings in when, .... 239 
town officers hold over, . • .2^ 

town meetings abolished ; substitute, 239 

town officers how chosen, . . • 239 

election returns in 240 

special town meetings, . . . 240 

supervisors may bon-ow money, . • 240 

bonds, how issued ; use of money, . 240 

special tax for same, . . • 240 

report and record of any tax. . . 241 

CORONER, election to vacancy in office, 118 



INDEX. 



^85 



CORPORATIONS. Riglits and duties of 

towns as, . . . • ■ • 16 

lands and stock of, how assessed, . . 58 
same, receiver how Ust, . . . 152 
rules for listing property of, . . . 158 
COSTS, in town suits, as in private one, 50 

COUNTIES. See Board of Supervisors; 
Township Organization ; and under 
names of CO imty officers. ^ 
vote on township organization in, . 13 

pay commissioners on townships, . . 14 
powers and rights of, . • • . ^^^1 

sue and be sued, oO 

purchase and hold land, ... 50 

make contracts and buy and hold personal 

property, . . . • • • ^9 
regulate use of its corporate property, oU 

no powers but those specially given, . 50 
acts by and against to be in name of board 

of supervisors, -61 

conveyances to maybe in any manner, 51, 214 
board of supervisors must exercise powers 

of, 51 

mode of servmg process on, . . ol 
supervisors audit accounts of, . . 53 
treasurer receive and pay money of, . 56 
provide book for county treasurer, . . 57 
pay for assessors' books, ... 59 
supervisors levy tax of five mills, . . 62 
road running into adjoining, proceed- 
ings, ♦ 103 

how re-adopt county organization, . . 109 
elections where two in one district, . 116 
same, travel of clerks how paid, . . 116 
provide blank election returns and poU- 

books, 124 

liablefor support of paupers, . . . 142 
when pay expense of sick or dead non- 
resident, 142 

recover cost of non-resident pauper, . 144 
title of poorhouse to be in, . . 145 

unsold swamp lands of not taxed, . . 151 
buildings of and land not taxed, . 151 

uncertain boundaries how fixed, . . 168 
same, expense paid by each, _ . . 168 
supervisors levy not over four mill tax, . 198 
same, when levied ; lien to secure, • 193 
to be bodies corporate, .... 212 
to have county commissioners' court, 212 



provisions as to same. 



212 



obligations to, not vitiated for want of form, 214 
same, suit may be brought on, . . 214 
agents for, county court appoint, . 215 

same, may bind county, .... 215 
actions against, where brought, . . 215 
same, process how served, . . . 215 
same, inhabitants may be witnesses or 

jurors, . . _. . . * 215 
same, county commissioners manage, . /io 
judgment against, how paid, . . 215 
execution not issue against, . . . 215 
jurisdiction of on Mississippi and Wabash, 215 
divided, boundary run where, . . 218 

size of, minimum, . . . . 218 

money orders of, how signed, . . . 219 
money paid only on order, • . . 223 
claims of, payable to treasurer, . . 223 
receipts by, disposal of, ... 223 
annual financial report, . . 218, 225 

COUNTY ASSESSOR, duty if false valuation 
by- corporation, 159 

COUNTY CLERK. See Clerk op county 

COUaT. 

COUNTY COLLECTOR. See Collector; 
County Treasurer. 
treasurer give bond as, ... 56 1 

fees of for collecting, . . . . 57j 
duty in case of re-assessment, . . 62 1 

collect on raihroad property, . . .179, 



prosecute if same unpaid, . . . 179 

collect taxes on receipt of list, . . 186 

make sworn delinquent list, and errors, 186 

allow abatements, 186 

sell town lots for taxes when, . . 187 

make sworn list of delinquent lands, . 187 

form of oath to same, .... 187 

settle accounts June 1st, . . , 188 

defaulting, auditor proceed against, . 188 

same, warrant how executed, . . . 188 

same, indorsement on warrant, . . 188 

same, suit on bond of, . . . , 189 
samej duties and habilities of special agents, 189 

same, agents file bond, . . . 189 

add 50 per cent, on taxes over due, . 190 

enter taxes received, .... 190 

advertise deUnquent lands, . . ^ . 190 

take judgment against same, . . 190 

notify of sale, 190 

dying, county clerk take books, . . 192 

same, substitute appointed, . . . 193 

same, duties of substitute, . . . 193 

receive newspaper with notice of sale, . 193 

pajr printer's fees, .... 193 

sued if printing fee unpaid, . . 194 

when file list of delinquent lands, . 194 

form of such fist, 194 

report such list up to time of judgment, 195 
aflidavit to same, .... 195 
deliver transcript of tax sale to auditor, 196 
collect and pay unpaid tax, . . . 196 
sell to secure same every five years, . 196 
securities on his bond, attach, . . 197 
refund erroneous taxes, . . . 198 
same, hable on refusal, .... 198 
overpaying, receive surplus back, . 198 
make return of taxes paid t^vice, . . 199 
enter payment ; give receipt, . . 199 
attend tax sale ; olfer lands, . . . 199 
sell land to lowest bidder, . . 199 
continue sale untU finished, . . . 199 
file advertisement of deUnquent lands, 199 
countersign tax sale buyer's certificate, 200 
not attending tax sale, liable, . . 201 
not buy or shave warrants or orders, . 201 
pay over school money, . . . 201 
same, proceed when not collected, . 201 
same, may be sued on refusal, . 202 
same, hable for all though not collecteJ, 202 
payments into state treasury, . 202 
fees under revenue act, . . 203, 207 
pay over redemption money, . . 208 
make tax deed, . . , . 207 
interest remitted when tax books not re- 
ceived, 207 

not buy at tax sale, .... 209 

penalty for same, 209 

report non-payment of canal land tax, 209 

county treasurer not to be, . . 209 
falsely returning taxes as unpaid, penalty, 210 

not trade in auditor's warrants, penalty, 210 

pay over county school money, . 210 

receive auditor's warrants for taxes, 226 

not discount such warrants ; penaltv, 226 
COUNTY COJDIISSIONERS. See County 
Commissioners' Court. 

roads laid out by to bo hit^hways, . 91 

same, order for to be evidence, . . 92 

duty as to poor non-resident, . 142 

vacancy in office, how fiUed, . . 213 

fees of, .... 217 

oldest preside, .... 217 

approve county treasurer's bond, . 222 

penalty for neglect of duty, . 225 
COUNTY COiMiMTSSIONERS' COURT See 
County Court ; Clerk of County Court. 
act relative to, , . . 212-221 

remove clerk for cause, . . . 213 

appoint to vacant clerkship, . 213 



286 



INDEX. 



appoint commissioner to sell county pro- 
perty, 214 

appoint agents to contract for county, 215 
take charge of county actions, . . 215 

draw warrant for judgment against county, 215 



sessions of when, 

proceedings if no quorum, . 

special terms of, . 

jurisdiction of, . . . 

issue process, .... 

procure county seals, 

have seal ; style of process, 

enforce writs, 

jurisdiction limited to county business, 

punish for contempt, 

fees of clerk, 

justices and officers account to, 

fees ; oldest preside, . 

erect jails ; report on same, 

erect court house, 

have charge of same, 

procure land for county buildings, 

lease vacant rooms in court house, 

report annually on county funds, 

same, penalty for neglect, 

appeals from ; bond, 

erect fire-proof recorder's office, 

use room of court-hous^e for same 

provide fire proof record room, . 

offer reward for horse thieves, 

offer reward for fugitive from justice, 

settle annually with treasurer, 

dismiss and sue defaulting treasurer, 

publish annual financial report 

order accounts of treasurer at any time, 

dismiss and sue him on refusing same, . 

examine him as to using county funds, 

fill vacant treasurcrships, 

duty of such appointee, 

COUNTY C;0U11T. See Clerk of County 

Court ; County Commissioners' Court. 

County Judge. 
submit question of township organization 



215 

215 

216 

21G 

216 

216 

216 

21 

216 

217 

217 

217 

217 

217 

21' 

218 

217 

218 

218 

218 

218 

219 

219 

220 

220 

220 

224 

224 

224 

225 

225 

225 

225 

225 



13 



issue writs ad quod damnum, . . 221 

terms when commence, . . . 221 
malce regulations as to days, . . 227 

permit planlv or other road on state or 

county road, 228 

permit plank road to transfer to railroad, 229 
COUNTY JUDGE. See County Court. 
have county court jurisdiction in suits 

for taxes, ..... 109 
approve county treasurer's bond, . 178 
certify to value of land sold for state, . 206 
appoint census takers in Adams, Han- 
cock, Hemy counties, . . . 212 
COUNTY OFFICE, proceedings if election 

contested, 119-121 

time of election, .... 122 
COUNTY OFFICERS, account to county, 217 
penalty for not doing so, ... 217 

COUNTY EECOEDEll, enter satisfaction of 

collector's bond, 62 

COUNTY ROADS. See Roads. 

re-survey of, 92,93 

COUNTY TREASURER, powers and duties 
of, ...... 55-58 

file acceptance, give what bond, 55, 183 



appoint commissioners to lay off' townships, 14 

duties of such commissioners, . . 14 
clerk of. See Clerk op County Court, 

roads laid out by to be public highways, 91 

same, order as to tobe evidence, . 92 

acts of in tax suits legalized, . . 109 

form election precincts, . . 112 

change place of voting on petition, . 112 

appoint judges of election, . . 112 

fill vacancy among same, . . 112 

appoint constables at election, . 115 

order pay of election judges and clerks, 117 

allow expense of poor non-resident, . 143 

appoint one of the overseers of poor, . 143 

appropriate for support of poor, . 143 

change custody of poor, . . 143 

establish poor houses, . . 144 

take land for same, . . . 144 

receive donations for same, . . 144 

lay tax for same, . . , 144 

appoint to charge of same, . . 145 

use county fund for same, . . 145 
hear complaint for misuse of indentured 

pauper, .... 14' 
same, render judgment, . . 147 
same, costs if not sustained, . 14' 
have jurisdiction of tax siiits, . . IS 
same, to be at regular term, . 193 
same, hear and determine on list of delin- 
quent lands, . . . 195 
same, forms of order of sale, . . 195 
same, signed by judge ; force of, . 195 
same, appeal from. . . . 195 
fill vacant county clerkship, 
school monev how paid, . . 210 
put up prohibition of fast driving on bridge, 211 



foiTii of acceptance, 

fomi of bond, . . . . . 

must also give bond as collector, 56, 17? 

same, how approved 

bond entered and filed, 

copy of same sent to state auditor, 

bond lien on his real estate, 

receive and disburse county money, 

keep accounts in county book, . 

collect tax of delinquent or non resident, 

fees of; return assessment roll, 

show books to board of supervisors, . 

books delivered to successor on oath, 

penalty for neglect to deUver books, 

fees of, ....*. . 

no fee for paying over to successor, 

sued on failure to pay over, . 

auditor prosecute on copy of bond, . 

disposal of money recovered from, 

give satisfaction piece to collector, 

acknowledge same, . . . . 

fees for such acknowledgment, . 

not giving bond as collector, vacates, 

same, successor appointed, 

pay over tax on delinquent real estate, 

compare sums to be collected, 

file receipts of collector for evidence, 

credit for uncollectable tax, . 

proceed if collector defaults, . 17< 

proceed next against sheriff, 

same, when sue on sheriff's bond, 

deliver tax books to county clerk, 

securities to bond as collector, . 

oath as same ; form, . . . . 

bond not void by informal assessment, 

bond approved by supervisors, 

as collector, receive non-resident lists, 

same, give duplicate receipts for same, . 

same, when taxes due to, . 

not buy or shave warrants or orders, 

fees under revenue act, 

must not be sheriff nor collector, . 

countersign coi^nty orders, 

enter particulars of same, 

not countersign blank order, 

provisions as to, 

elected every four years, 

court, 

same, repealed ; to be two years, 
take oath ; form, .... 
make bond ; form, 
keep books ; mode of making entries, 
keep correct accoimts of payments, 
pay on what order, 



55 

56 
183 
178 

56 

56 

56 

56 

57 

57 

57 

57 
. 57 

57 
. 57 

58 
. 58 

58 
. 58 

62 
. 62 

62 

. 160 

160 

165 
. 166 

172 

. 172 

173, 174 

. 174 

174 
. 177 

184 
. 184 

184 
. 184 

185 
. 185 

185 
. 201 

203 
. 209 

219 
. 219 

220 
222-226 

222 
. 217 

226 
. 222 

222 
. 222 

223 
. 22a 



INDEX. 



^Sll 



make annual report, .... 223 
receive all county funds, . . . 223 

give duplicate receipts for same, . 223 

dismissed and sued on default, . . 224 
settle annually with county, . . 224 
called on for report at any time, . . 225 
same, vacate on refusal, . . . 225 
exchanging county money for worse 

money, 225 

vacancy how filled, .... 225 

penalty for neglect of duty, . , . 225 

make indorsement on county orders, 226 

enter items of such orders, . . . 226 

reserve funds to meet same, . . 226 

deliver record of orders to successor, . 226 

COURT. See Circuit Court ; Countt 

Court ; County Commissioners' Court , 

Justice of the Peace ; Supremb 

Court. 

COURT HOUSE, board of supervisors build 

and repair, ,54 

erection and care of, . . . 217, 218 
CREDITS, term defined, . . . .150 

valuation of, 151 

how listed, 151 

CRIME. See Embezzlement; Fine; Im- 
prisonment; Penalty; Perjury; Re- 
ward. 
DAMAGES, rule of in town trespass suit, 49 
treble for injuring bridge or causeway, 72 

for roads, proceedings to fix, . . 86, 101 
same, forms relating to, . . 86-88, 101 

from county clerk for not doing duty at 

election, . . ... 119 

refusing proper vote, . . 127 

not notifying of laying open lands, . 132 
brealdng fence by animals, . . 134 

neglect of duty by assessor, . . . 164 
double, for official neglect under revenue 

law, 167 

DEBTS, of subdivided town, apportioned, 21 
deduction in listing for tax, . . . 154 
DEEDS. See Tax Deeds. 

to counties, . . . . .51, 214 

DEFAULTING, vacate office, . • .225 
DE KALB COUNTY, higliway commission- 
ers may act as to roads in, . . 235 
DELINQUENT TAX. See Taxes. 
DISFRANCHISEMENT for malfeasance by 

election officer, .... 118, 119 
DITCHES, how made and regulated, . 134 
DIVISION FENCE. See Fences. 
DOGS, county courts or supervisors regu- 
late, 227 

penalty for not obeying regulations, . 227 
DRIVER, drunlcen, penalty for employing, 

229, 230 
same, penalty go to county and complain- 
ant, 230 

same, to be dismissed, . . . 230 

same, penalty for not dismissing, . . 230 
same, penalty how used, . . . 230 
owners liable for damage by, . . 230 

violating road law, penalty, . . 230 

DRIVING, rapid may be prohibited, over 

bridge, 72, 211 

same, fine for , . . . . 72 211 

penalty for rapid, ' 230 

DU PAGE county, sheep and swine not to 

run at large in, 234 

penalty for allowing same, . . ' 234 

EAST GALENA, assistant supervisor in, 110 
ELECTION. See Ballot; Ballot-box; 
Challenge ; Clerk of Election ; Judge 
OF Election ; Vote ; Voter ; Voting. 
township organization may be voted for at 

general, . . . .13 

vote at in township orgaimation, how ex- 
pressed, . . . .13 



returns of township organization, vote at, 13 
at town meetings, mode of conducting, 23-35 
same, who maj^ vote at, . . 31 

same, result of minuted and stated, 34 

clerk notify person elected of, . 35 

foi-m of notice of, . ' . .35 

who to be judges of, . . 108 

county commissioners appoint, . 112 

siipei-visor or town clerk post notice of, 108 
same officers, fix place for, . . 109 

place of to be convenient, . . 109 

to abohsh township oi'g'anization, . 109 

same, operation of, . . . 109 

same, subsequent choice of county officers, 109 
same, vote how taken, . . . 109 

general provisions as to, . . 111-130 

presidential, abstracts of vote sent to gov- 
ernor, . . . . .111 
same, canvass by state officers, . Ill 
same, result of published, . . Ill 
same, tiuie of, ... 122 
place of, changed in petition, . . 112 
when opened and closed, . . 114 
constables preserve order, . . 114 
illegal voting at, . . . 114 
fine for disturbing, . . . 114 
abstract of votes ; form of same, . 115 
same, where two counties in one district, 116 
tie vote decided by lot, . . 117 
county clerk to transmit result, . 117 
canvass by state officers, . . 117 
if return delayed, messenger sent, 117 
fees of messenger, . . . 117 
to fill vacancy in legislature, . 118 
to vacancy in governor's place, . 118 
same, in office of sheriff or coroner, 118 
penalty for malfeasance as to, 118, 119 
contesting proceedings on, . 119-121 
same, contester notify other party, 119 
same, choice of three justices to hear, 120 
same, witnesses may be compelled, . 120 
same, decision how disposed of, . 121 
same, no irrelevant testimony, . 121 
same, when judgment entered, . 121 
same, testimony of as to other than county 

offices, .... 121 

same, costs how and when paid, . 121 

same, ballots kept six months for, . 129 
by general assembly, when vLva voce, 121 

same, by joint vote, . . ' . 122 

same, of judges, . . . 121 

betting on, penalty, . . . 122 

same, wager need not be staked, . 122 

state and county, time of, . . 122 

supreme court judge, time of, . 123 

circuit court judge, when, . . 123 

of judge, proceedings if contested, 123 

state's attorney, and clerks of courts, how 

contested, . , . . ■ 124 

returns of, how made, . . 124 

qualifications of voters, . . 124 

blank returns and poll books provided, 124 
canvass of, how conducted, . '. 126 

result of published, ... 126 

sections of revised statutes on, repealed, 127 
to fill vacancy in sheriffalty, . . 127 

what constitutes residence, . , 127 

extent of application of act, . . 129 



sale and use of liquor prohibited at, 129, 1-30 
same, penalty for, . . . 1,30 

of county treasurer, when, . 226 

ELECTION PRECINCT, townships to be, 108 
county commissioners' courts form, . 112 

ELECTORS. S'ee Voters 
powers of at town meeting, . . 21 24 

of towns, may fiux number of pound-mas- ' 

ters, 24 

of towns, fix locahty of pounds, " . ' 24 
'' elect town officers, ... 24 



288 



INDEX. 



of towns, direct as to lawsuits by town, 24 
" raise money for roads and bridges, 24 
*' " " " other purposes, 24 

" order highway commissioners to 

raise road tax, 24 

of towns, direct mode of exercising corpo- 

Kite powers, 24 

of towns, direct as to Canada thistles and 

weeds, 24 

of to'SNTis, estabHshand discontinue pounds, 25 

" regulate range of cattle, . . 25 

" " fences, ... 25 

" fix penalties; their limit, . 25 

" apply penalties, ... 25 

" make by-Jaw.-*, . . 25 

at special town meetings, powers of, . 27 

same, fill vacant town offices, . . 27 

" raise money for roads and bridges, 27 

" transact unfinished annual business, 27 

of towns, exempt from arrest election day, 28 

presidential, abstract of votes for, . Ill 

same, duty and compensation of, . Ill 

same, fill their own vacancy, . . 112 

EQUALIZATION of assessments, . 60 

EMBEZZLEMENT, pubUc penalty for, . 224 

ESTKAYS. town clerk register, . 22' 

person taking up, to register, . . 22' 

notices for, publication of, . . 22' 

EVIDENCE. See Action; Suit; Witness. : 

EXECL'TOll, assessment of property held 

as, ■ . . . . 58,59 

how list propertj^, . . . 152 

EXEMPTION from taxes, . . 151 

FEES. See under names of officers and offices. 

of town officers, . . . .47 

not due for administering oath, to town 

officer, .... 48 

clerk of board of supervisors, . • 64 

none for examining county books, . 54 

for certified copy of county account, . 54 
of county supervisors, . . 55 

county treasurer as collector, . . 57 

county collectors, ... 57 

clerk for assessing omitted land, . 60 

of person re-assessing taxes, . 61 

on acknowledgment of satisfaction piece, 62 
county clerks, for services as to taxation, 
on road appeal, .... 101 
messenger for election returns, . 11 

of overseer of higliways, . . 7 

in suits under revenue law, . . 19 

officers under revenue law, . . 202 

supervisors on road appeal, . . 101 

sherifTs, 207 

state's attorneys, . . . 206 

board to fill vacant town office, . . 48 

on tax sale, . . . 180,192,209 

FENCES. See Common Fields ; Fence View- 
ers. 
town may regulate. ... 25 

towns not impose penalties as to, . 25 

owner remove for new road, . . 104 

penalty for not so removing, . . 104 

form of notice to remove, . . 104 

notice to remove, if appeal, . . 105 

provisions as to, . . . 131 — 147 

between common field and other land, 132 
same, repairs how made, . . 132 

same, justices wlien order repaired, . 134 
same, distress for payment for repairs, 134 
owner may make as he chooses, . 134 

height to be what, ... 1.34 

hedges or dikes instead of, . . 134 

action for damage, if animals break, 134 

same, proof of damage, . . . • 13oj 

injuring animals where deficient fence, 1351 
same, suit for ; barred in agreement, . 1351 
by nnst,nke on land of another, removal of, 1351 
owner not disturb for one year, . 1351 



notice for survey for line of, . . I35 

partition regulated and maintained, 

133, 13G-141 
loO 
136 
136 
136 
136 
137 
134 
138 
139 
139 
139 
140 
140 
140 



137 



140 
140 
140 
141 
141 
141 
24 
133 
134 
134 
13^3 
137 
137 
137 
137 
137 
138 
138 
138 
138 
138 



same, owners maintain just share of, 

same, where open land inclosed, 

same, fence viewers value, . 

same, form of agreement of owners, 

same, viewers settle dispute, 

same, viewers fix proportion of, . 

same, viewers how chosen, . 

same, proceetUugs if dispute, 

same, damages on refusing to repair, 

same, form of notice to pay for repairs, 

same, form of appi-aisal for not repairiug, 

same, proceeding to lay open lands, 

same, notice of iayiug open, 

same, form of notice, 

same, damages for remo\ing without no 
tice, .... 

same, repairs on casual injury, . 

same, form of requisition .so to repair, 

same, repairs if requisition neglected, 

action as to how brought, jurisdiction, 

prior laws are repealed, 
FENCE VIEWEliS, assessors to be, 

county commissioners appoint, 

sworn, ..... 

notify if fence insufficient, . 

value partition fence, 

settle disputes as to same, . 

fix and mark proportions of same, 

how chosen to settle disputes, 

form of notice to choose, 

form of submission to, 

form of decision of, . 

same, where third viewer chosen, 

if dispute, examine premises, . 

same, hear parties ; decision final, . 

same, decision how made and filed, 

appraise damages where partition owner 
delinquent, .... 139 

examine witnesses, issue subpoenas, ad- 
minister oaths, . . . 141 

justices to be where county organization, 141 

fees of; how paid and apportioned, 141, 217 
FIELD COMMITTEE. See Common Fields. 
FINE. See Penalties. 

for disorder at town meeting, 

Umit of, by towns, as to thistles, 
" " in other cases, . 

for exposure of ballots by moderator, . 

for refusal to serve by town officer, . 

for acting before official oath, 

under S^50, supervisor pro.secute, 

for neglect of duty by supervisor, 

same, ..... 

neglect of duty by town clerk, 

refusal to deUver over county treasiircr's 
books, .... 

neglect of duty by highway commissioner, 

driving rapidly over bridge, 

neglect of duty by highway overseer, . 

neglect or idleness of substitute on road, 

neglect to appear and work on road, 

overseer not returning land tax hst and 
affidavit, .... 

same, not accounting and paying over, 

not removing fence for new road, 
obstructing highway, 

injuring bridge or causeway, 

injuring guideboard or milestone, 

under road law, how sued for, 
same, voter may sue for, 
illegal vote, .... 
disorder at election, 
malfeasance by election officer, 
wrongly admitting challenged vote, 
county clerk not performing duty at elec- 
tion, . . . , .119 



72, 211 
75 



76 



79 

SO 

104 

. 107 

103 

. 108 

108 

. 108 

113 

. 114 

118, 119 

119 



INDEX. 



289 



Injurying or carrying off poll book, 119 

refusing testimony in contested elections, 120 
justice refusing to attend deposition in 

same, . . . 120! 

county officer not accounting, . 217 

commissioner, omitting report on county 

funds 218 

clerk not posting same, . . 218 

embezzling public money, . . 224 

neglect of duty by county officer, -225 

collector discounting auditor's warrants, 226 
not obeying dog laws, . . . 227 

not turning to right on road, . 229 

employing drunken driver, . . 230 

not dismissing same, . . 230 

rapid driving, .... 220 
leaving horses unhitched, . . 230 

violation of road law, . . . 231 

sheep and swine at large in Du Page 

county, .... 234 

same, in Henry, Will, Livingston and 

Lake, 234 

for betting on election, . . 122 

voting more than once, . . 125 

voting two or more tickets, . . 125 

refusing proper vote, . . . 127 

election judge admitting vrrong vote or 

testimony, .... 129 
proprietors of common fields may lay, 131-133 
non-support of paupers by relatives, 142 

introducing non-resident pauper, . 144 

neglect of, duty by assessor, • 164 

neglect of duty under revenue act, . 203 
unlicensed peddling, . . 208 

collector or clerk buying at tax sale, . 209 
county clerk not delivering over books, 213 

FIRE EJNfGINES and implements not taxed, 151 
buildings for, not taxed, . . 151 

FLOMA, roads in to be highways, . 232 

evidence <'is to same, . . . 233 

how vacated and altered, • . 233 

FOllFEITUllE. See Flne ; Penalty ; Land ; 
Taxes, sale for. 

FHACTIONS of townships, set off to other 

towns, . . . . .14 

FREEFIOLDERS, twelve join to call special 

town meeting, . . .26 

FUGITIVE from justice. See Reward. 

GALENA. See East Galena ; West Ga- 
lena. 

GENERAL ASSEMBLY, proceedings on va- 
cancy in, , . . .11 
elections by, when viva voce, . 121 
same, by joint vote, . . . 121 
same, oif judges, . . . 121 
same, majority required in, . . 122 

GENEllAL ELECTION. See Election. 

GOVERNOR, duty at canvass of presiden- 
tial vote, • . . .111 
election to vacancy in office of, . 118 
appoint election to congressional vacancy, 118 
call election to vacant sheriffalty, . 127 
pre^^ous elections to same legalized, 127 

GOATS, towns may regulate running at 
large of, . . . .25 

GUARDIAN, assessment of property held 
,. by, . . . . 58, 69 

list property he holds, . . . 152 

GUIDEKOARDS, highway commissioners 

P"t up, .... €7 

penalty for injuring, . . 108 

HACKNEY COACHES, not included in road 
^*^' - • . , .231 

HAWKERS. See Peddlers. 

HEDGES, how made and regulated, , 134 

HENRY COUNTY, sheep and swine not to 

run at large in, . . 234 

same, penalty, . . . 234 

HIGHWAYS. See Commissioner op High- 

19 



WAYS ; Overseer of Highways ; Roads ; 
Roads and Bridges. 
general provisions as to, . . 63-108 

HOGS. See Animals ; Swine. 

HORSES. See Animals ; Driving. 

towns may regulate range, pounding and 

sale of, .... 25 

running, penalty, . . . 230 

leaving unhitched, penalty, . . 230 

HORSE THIEVES, reward for, . . 220 

IDIOT, guardian hst property of, . 152 

ILLINOIS See State. 

ILLINOIS AND MICHIGAN CANAL, com- 
missioner enter forfeited canal lands, 209 

IMPRISONMENT for illegal voting, 32, 129 

injuring bridge or causeway, . . 108 

disorder at elections, . . 115 

county clerk not doing duty at election, 119 
injuring or carrying off poll-book, . 119 
refusing proper votCj . . 127 

election judge admitting wrong vote or 

testimony, .... 129 
falsely swearing at election, . 129 

county clerk not delivering over books, 214 
embezzling pubhc money, . . 224 

rapid driving, . . . 230 

violation of road law, . . . 231 

IN CLOS URES AND FENCES. See Fences ; 
Common Fields. 
provisions as to, . . 131-141 

may be such as owner wishes, . 134 

height of sundry to be what, . . 134 

subject to laws on fences, . . 134 

INDENTURE of pauper minor, form, . 146 
deposited with town clerk, . . 147 

INJUNCTION from collecting taxes, . 61 

INSURANCE COMPANY. See Corpora- 
tions. 
no deduction in listing notes to, . 155 

agent report to county assessor, . 159 

INVESTMENTS IN BONDS defined, . 149 
in stocks, defined, . . . 150 

niOQUOIS county, doings as to roads le- 
galized, .... 235 
law in, for animals at large, . 235 

JAILS, board of supeiwisors build and re- 
pair, . . . . .54 
county commissioners erect, . 217 

JO DAVIESS county, special tax in, . 232 

JOINT STOCK COMPANY. See Corpora- 
tions. 

JUDGES OF ELECTIONS, what officers are, 108 
county commissioners appoint, . 112 

their clerk notify ; sheriff serve notice, 112 
appoint clerks of election, . . 112 

term of office, . . . 112 

vacancies how filled, . . 112, 113 

oath of, and of clerks, form, . 113 

same, how administered, . . 113 

appoint special constables, . . 114 

impose fine for disorder, . . 114 

county clerk certify to pay, . . 116 

penalty for misconduct of, . 118, 119 

may refuse vote falsely sworn to, . 119 

penalty for wrongly admitting challenged 

vote, ..... 119 
have care of ballot-boxes, . . 125, 128 

receive and deposit ballot unop«ned, 125 

duty in canvassing vote, . . 126 

make certificate of votes, . . 126 

deliver same to county clerk, . . 128 

penalty for refusing proper vote, . 127 

penalty for admitting incompetent vote, 128 
penalty for admitting improper testimony 

to same, .... 129 

indorse voter's name on ballot, . 129 

sign poll hooks, .... 129 
string and seal up ballots when counted, 1^9 
return such ballots and poll books, . O 



290 



INDEX 



JUDGES of supreme court, when elected, 
of circuit court, when elected, 
supreme or circuit court, yacancy how 

tilled, 

Banie, proceedings if election contested, 
JUDGMENT, against town a town charge, 
against county, how paid, 
against defaulting ofi&cer, vacat* oflSce, 
JUkISDICTION. See undernames of courts 

and oj/icers. 
JUROli, when inhabitant of town may be, 

in town suit, . . . .49 

JUSTICES OF THE PEACE, when chosen, 23 
elected but once in four years, unless 
vacancy, . . . 23, 39 



122 
122 

123 

123 

50 

215 

225 



proportion of to population, 
additional, term and powers of, 
join to call special town meeting, 
special election may choose if vacancy, 
join in tilling vacant town office, 
accept resignation of town officer, 
join in auditing supervisors" account, 

" " entering certificate of same, 
form of such certificate, 
not entertain suit where his town a party, 
duty on complaint for not doing road labor 
form of summons in same, 
impose fine on same, 
form of warrant for fine on same, 
pay over fine to overseer, 
duty en road appeal, 
entertain suit on road appeal bond, 
fees on road appeal, . 
jurisdiction under road laws, 
appoint election judge if vacancy, . 
make abstract of vote with county clerk 
three, decide contested election. 



adjoining common field, notice of laying 

open, 132 

tenia defined, . . . 149 

of non-resident, assessed where, . 159 

other than government, divisions of, how 

surveyed, platted, described, . 167 

such description of valid, . . 167 

assessor when cause such survey, . 167 

assessment of government, school, canal, 

saline, . . , . . 169 

non-resident, no separate list of, . 179 

delinquent, considered non-resident, . 179 
conditions of buying at tax sale, . 191 

tax sale, suits to be at regular term, . 193 
unsold by tax sale, forfeited to state, 196 

same, county clerk certify as to, . 196 

same, how redeemed, . . . 196 

sold for taxes, how redemption of, . 197 

erroneous taxes on refunded, . . 197 

401 non-resident, how listed, . • 208 

41 LAW. See Suits at Law. 
43 LAW OF THE ROAD, provisions on, 229-231 
43 LEGISLATURE. See General Assemely. 
43 LIEN, collector's bond to be on his real estate, 37 
49i county treasurer's to be ."same, . . 56 

76 LIMITATION of action on collector's bond, 37 

77 j of action on constable's bond, . . 38 
77 LIQUOR, forbidden at elections, penalty, 130 
77 LISTING PROPEUTY. See Assessment. 

8 [LIVINGSTON county, penalty for sheep and 



same, powers of, 

same, summon witnesses by sheriff, 

same, issue attachment for witnesses, 

same, refusing to act, fined, 

same, certify decision on county office, 

same, duty as to state office, 

same, refuse irrelevant testimony, 

same, when enter judgment, 

same, duty as to other than county 

office, 
same, to have their costs paid, 
order repair of partition fence, . 
enforce payment of same by warrant, 
duty on complaint for damaging fence, 
under county organization, to be fence 

viewers, .... 

jurisdiction in actions on fences, 
to be overseers of poor, . 
administer oaths as to assessment, 



95, 96| swine at large in, 
95: LOT, tie vote decided by, 
101 j decide terms of highway commissioners, 
108' decide tie for legislature or county office, 
113 LUNATIC, guardian list property of, 

, 115 McLEAN county, sheep and swine not run 
120 at large in, . 



120, 121 MAJORITY, must vot« for township organi- 



234 
34 
110 
117 
152 



14 



143 penalty for not listing, . 

160 MILESTONE, penalty for injuring, . 
duty where information refused to assessor, 161 MILITARY TRACT, land in how listed 
act in filling vacant coUectorship, . 173 MINORS, pauper, bound out, 

account to county court, . . 217i provi.<ions for same, . 

jurisdiction under road law, . . 231; guardians list property of, 

KANE county, hi^-hway commissioners may 



120 zation, .... 

120 must decide questions at town meetings, 30 
120| of supervisors, a quorum, . . 54 
121| " " present, to carry vote, 64 

121 in elections by General Assembly, . 121 
121 ' regulate common fields, . 131 
121iIVL^'UFACTURER, property and stock of 

j how listed, .... 156 

121 machinery of, how listed, . 156 

121 MARRIED WOMAN, husband hst property 

134, of, 152 

134 MASON county, sheep and swine not run at 
1351 large in, . . . .237 

I penalties, exceptions, . . 237 

141 MERCHANT, property in possession of, how 
141 listed, .... 155,157 

. 157 

108 

, 152 

. 146 

147 

152 

>nSDEMEANOR, illegal voting at town 



act as to state roads in, . . 235 

KANKAKEE county, towns of support their 

own poor, . . . . 236 

provisions as to mode '^f doing so, . 236 

non-resident paupers iu. 



meeting to be, 
neglect of duty by town clerk to be, 
collector's false return to be, 
rapid driving to be, 
driver's violation of road law, 



electors regxilate support of paupers, 236 MODERATOR OF TOWN MEETING, how 



LAKE county, penalty for sheep and swine 

at large in, . . . . 234 

LANDS. >fe Assesssient; Co>nrojr fields; 

Fexces: Real Estate: Tax. 
toAvns may purchase and hold, . 
conveyances of for benefit of towns, may 

be In any manner, 
of town, court may partition on judgment, 

county may purchase and hold, . ' 50 MONEY, term defined, 

where asse5:?ed, . . . 68 valuation of, . 

a5ses«ed either to owner or tenant, . 58 MLTiES. See Animals. 
assessment of oxoitted. . . 60 towns regulate running at large of, 



16 



chosen, 
oath of, . 

to regulate business, . 
close meeting if business done, . 
mode of preserving order, . 
deposit ballot.s in box, 
penalty for exposure of ballots by, . 
canvass votes at close of meeting. 



45 



231 



150 
154,156 



INDEX. 



291 



NON-RESIDENTS, lands how assessed, 58,163 
lands of, supervisors change description ol, (K) 
Biclc or deiid, expenses how paid, . 142 

lauds where assessed, . . 159 

separate list of land not required, . 179 

lands how listed, . . 208 

poor, in Kankakee county, . . 236 

NOriCES. See under names of Officers; 

also Appeal; Assessment; Election; 

Taxes; Town Meeting. 
for first town meeting in new to^ra, . 15 
same, county clerk deliver, sheriif post, 15 
game, form of, . . • • 15 

petition to divide or change town limits, 17 
freeholders' meeting to organize town, 18 

apportionment of town property, . 21 

aauual town meeting ; and form, . 22 

same, town clerk give, . . 22 

special town meeting, . . .26 

form of same, ... 26 

pound master's sale, and form, . 26 

casting lots on tie vote, . - 33 

of election, town clerk give, 
same, form, .... 35 

of accepting overseersliip of highways, 36 

of accepting poundmastership, . 36 

appointment to vacant town office, . 41 

game, form of, ... 41 

meeting of board of supervisors, . 61 

same, form of, ... 52 

completion of assessment roll, . . 69 

same, contents of, . . . 69 

review of re-assessment, . . 61 

amount of road tax, and form, . 70 

to work out road tax, . . 78 

of road appeal, and forms, . . 96, 9' 

to remove fences, and form, • . 104 

of general election, . . . 108 

meeting of commissioners of highways, 110 
appointment of judges of election, . 112 

of election, .... 113 

change of railroad valuation, . 1' 

OATH. Sfe under names of officers , and 

Affidavit. 
oflicial, of moderator of town meeting, . 28 
same, who administer, . . 29 

panie, form of, . . . .29 

for challenged voter, form, . 31 

same, additional, form, . . .31 

of challenged voter's witness, form, 32 

false by challenged voter, is perjury, . 32 
of town officers, how and when taken, 35-6 
same, certificate of to be filed, . 35 

same, neglect to take a refusal to serve, 38 

fine for acting before taking, 
form of, at delivery of books and papers 

to successor, ... 40 

of town oSicer, no fee for administering, . 48 
chairman of supervisors may administer, 64 
at delivering county treasurer's books to 

successor, . . . .57 

of person to reassess taxes, . . 61 

of election judges and clerks, . . 113 

of riglit to vote, effect of, . . 113 

for challenged or suspected voter, 124, 128 
term defined, .... 150 
of assessor ; form of same, . . 159 

collector not taking, vacates, . . 160 

to assessor's return ; form, . . 162 

county collectors ; form, . . 184 

county clerk's, . . . 213 

countv treasurer's; form, . . 222 

OFFICE. See Bond, Official ; Oath; Town 

Off[CB ; and names of officers and offices. 
OVE:iSES<i OF HIGHWAYS, when chosen, 23 
file notice of acceptance, . . "' 

not doing so a refusal to serve, . 36 

fine fir refusing to serve, 
rate those added to lists, . 70 



appeal from rating by, . . .70 

duties of, . , . 74, 75 

keep highways in repair, . .74 

Avarn persons liable to road labor, . 74 

collect fines and commutations, , 74 

execute orders of commissioners, . 74 

give in list of persons liable to labor, . 74 
form of such list, ... 74 

vacancy in place, how filled, . . 74 

substitute duties and liabilities of, . 74 

same, his warrant of appointment filed, 74 
same, notified of appointment, . 74 

same, form of appomtment, . . 74 

penalty for neglect of duty, . . 75 

same, how applied, . . .75 

form of notice to work on highwaj-^, 76 

give three days' notice of work, . 75 

how use commutation money, . 75 

may require teams and tools, . . 76 

rate of payment for same, . . 76 

complain of person not working on highway, 76 
proceedings under complaint, . .76 

expend fine on same for roads, , 78 

excuse by, not exempt from labor, . 78 
compensation of; how paid, . . 78 

notify all persons liable to work on roads, 78 
may receive substitute, . . .78 

may receive tax in money, . . 78 

enter payment of tax on hst, . . 78 

dehvcr land tax list to supervisor, . 78 

make affidavit to such list, . . 78 

form of such affidavit, . . 78 

penalt}'^ for not deUvering list or making 

affidavit, . . . .79 

have three-fourths of work done by Octo- 
ber, . . . . 79 
render annual account ; contents, . 79 
form of annual account, . . 79 
pay over unexpended money, . . 80 
penalty for not accounting and paying, 80 
same, commissioners of highways sue for, 80 
take timber and materials ; terms, . 81 
same, cause apprisal if owner refuses, 81 
same, award final, . . .81 
same, form of award, . . 81 

OVERSEER OF POOR, when elected, . 23 
elected by ballot, '. . . 33 

formalities as to oath and acceptance, . 35, 36 
fine for refusing to serve, . . 39 

successor demand books and papers, 39, 40 
books and papers to be delivered to suc- 
cessor, . . . . .40 
public money with, paid to successor, 40 
same, delivery and payment on death of, 40 
oatli at such delivery and payment, . 40 
compensation of, . 47 
account to board of supervisors, . 55 
pay expenses of sick or dead non-resident, 142 
who to be ; powers of, . . 143 
duties of; make report and list of poor, 143 
allow for pauper's ability to work, . 144 
authority cease if poorhouse, . . 145 
bind out poor minors, . . 146 
same, form of indenture, . . 146 
watch over such minors. . . 147 
Kankakee countv. provisions, . . 236 

PARTITION FENCE. See Fences. 

PARTNERSHIP, effects how fisted for tax, 152 

PAUPERS. See Overseer of the Poor; 
Poor; Poor-House. 
provisions as to, . . . 142 — ^148 

who considered, .... 142 
relatives support if able, . . 142 

penalty for failure to support, . . 142 

from bad conduct, who must support, 142 
order of liability of relatives, . 142 

married women not liable, . . 142 

without relatives, how relieved, . 142 

if relatives refuse, same, . . 142 



292 



INDEX. 



144, 146 
144, 146 
. 144 



person to whom committed, duties of 

same, give bond, 

same, bond how altered, . , 

county court appropriate for, . 

*' may change custody, . 

residence of, how ascertiiined, . 

non-resident, remoTal of, 

residence delined, 

non-resident, fine for introducing, . 

minor, may be bound out, 

same, term of service ; instruction, . 

same, to receive what is paid by master, 

same, overseers supervise treatment, . 

same, proceedings if abused, 

property used for, not taxed, 
PEDDLEltS and hawkers, state or county 
h censes for, . . . . 207 

penalty for unlicensed, . . . 208 

PENALTIES. y'Sce Damages ; Disfranchise- 
M£>T ; Fine ; Imprisoxmext. 

as to thistles and weeds, limit of by towns, 25 

limit of for brealving to%vn ordinance, . 

by towns, they may apply, . 

of perjury for false swearing at town elec- 
tion, ..... 

for illegal voting at town election, . 

iujuring bridge or causeway, 

injuring guideboard or milestone, . 

under road laws, how sued for, . 

same, voter may sue for if to^vn does not, 

disorders at elections, . 114, 115 

malfeasance by election officer, . 118, 119 

county clerk not doing duty at election, 119 

injuring or carrying off poll book, . 119 



143 PIKE. See under HoADS. 
143 1 PLANK KOAD. See under Roads. 
143 j provisions as to, . . . 228 

143 may transfer road to railroad, . , 229 

143 PLANK KOAD COMPANY. See Corpora- 
tions. 
POLL BOOKS, how kept, . . 115 

penalty for injuring or carrying off, . 119 
county provide, . . . 124 

signed and attested by judges and clerks, 129 



names in to be counted, 
POLL LIST to be kept at town meeting, 
form of, ... . 

at elections ; how kept, . 
compared and corrected, 
kept in ballot-box, 
POOK. See Overseer of the Poor ; Paupers. 
board of supervisors have charge of, 
of Kankakee county, towns support, 
provisions as to mode of so doing, 

POOR FARM, county court may buy, 

25! board of supervisors may sell, . 
25 1 former sales and deeds to be legal, . 
POOR HOUSE, board of supervisors have 
charge of, . 
county court establish, . 
same, take land, donation's, and lay tax 



same, appoint persons to charge of, 
title to, in county, 
county funds may be used for, . 
not taxed, 
POUNDS. See Animals. 
located at town meeting, 



voting by non-resident, . . . 128 j towns may establish and discontinue, 

jutlgeof election admitting improper vote i POUND MASTERS, electors fix number of, 



157 
1761 
203 
210 
224 



or testimony, . . 128,1291 

selling or using liquor at elections, . 130 j 

for not listing property, 

railroad not hsting property, 

neglect of duty under revenue act, . 

buying auditor's warrants by collector, 

embezzling public money, 

rapid driving, 

violation of road law, 
PENSIONS, not considered annuities, 
PEORIA, additional ward supervisors of, 
PEORIA county, highway commissioners 

control state road in, . . . 238 

PERJURY, false swearing at tovm election 

to be, ... . 32 



when chosen, 
to have care of pounds, 
form of notice of sale by, 
file notice of acceptance, 
not doing so a refusal to serve, . 
fine for refusal to serve, 
compensation of, ... 

230 'PRECINCT JUSTICES AND CONSTABLES, 
231 1 disused. .... 

150 PRESIDENTIAL ELECTION. See Elec- 
tion. 
PRIVATE ROADS, credit to persons work- 
ing, 



129 
33 
33 
125 
125 
126 

54 
236 
236 
144 
148 
148 

54 
144 

144 

144 
145 
145 
151 

24 
25 
k 23 
23,24 
25 
26 



109 



false swearing at election to be, 



122,128 



ro 



PERSONAL PROPERTY, towns may pur- 
chase and hold, 

of divided or altered town, apportioned, 

counties may purchase and hold, 

whei'e assessed, . 

term defined, 

how listed, . . . 152, 

how valuation made, 

assessed annually, 

liable for rejil estate tax, 

a.«sessment a hen on, 
PETITION for township organization, 

same, form of, . 

to lay out, close or alter road, 

same, form of, . 

same, contents of, 

same, copy of to be posted, 

same, form of affidavit of posting, 

relocating or vacating state road, 

same, form of, 

same, how notified ; form of notice, 

resurvey of county road, 

same, forms, 

on excessive road damages, . 

same, form of, . 

as to road on town line, 

for abolishing township organization, 



how laid out. 
See Road, private. 
PROCESS. See Actions. 



105, 106 



when to be served on town, . . 49 

16 how served on board of supervisors, 51 

20 how served on county, . . . 215 

60 of county court, . . . 216 

58 same, style of, . . . . 216 

150 PROPERTY. See Assessment ; Lands ; 

153 Personal Property ; Real Estate ; 

154 Taxes. 

159 all to pay taxes, . . .149 

187 term defined, ... 150 

199 what exempt from taxation, . . 151 

13 pubhc, what not taxed, . . 151 

13 mode of listing, . . . 152-159 

82 of state or institution, if leased for over 

82 ten years, how Usted, . . 152 
82 1 PROSECUTION. See Action ; Fines ; Pen- 

83 alties ; Suits. 

84! under road laws, . . . 108 

89 PUBLIC GROUNDS, buildings, water works, 
89 not taxed, . . • .151 

91 PUBLIC MONEY, penalty for embezzling, 224 
92 ! default to pav, vacate office, • • 225 

92 PUTNAM county, sheep and swine not run 
1021 at large in, . . . -233 
103 QUI TAM, for road law penalty, . 108 
103; RAILROADS. See Corporations ; Roads. 
109 i exception as to assessment of, . . 68, 175 



INDEX. 



293 



penalty on, not making tax list, . 176 

list of how made, . . 17 

property taxed where, . . . 176 

notified if valuation changed, . 1 

certified statement for tax, . . 179 

ttix how collected, . . . 179 

sued if t;ix not paid, . . .179 

appeal from valuation, . . 181 

Rime, bond required, . . .181 

same, when and how tried, . . 181 

same, not delay paying tax, . . 181 

RE \L ESTATE. <S'ee Assessment; Assess- 
or: Lands; Re.vl Property ; Taxes. 
of divided town, apportioned by supervi- 
sors and assessors, . . .18 
ofcollector, his bond lien on, . 3: 
of county treasurer, same, . . 56 
■where assessed, ... 58 
of corporations, where assessed, . 58 
equalization of assessment on, . 60 
in miUtary tract, how listed, . . 152 
how valuation made, . . 154 
when to be assessed, . . . 159 
held May 1, to be taxed, 
liable for personal tax, . . .187 
reUeved where personal property, . 205 
proceedings where levied on for state, 205 
same, subsequent redemption, . . 206 
redemption money paid over, . 206 
unredeemed, auditor to take deed of, . 206 
same, auditor ?ell, . . . 206 
REAL PUOfERTY, defined, . . 149 

how listed, 152, 163 

RECEIVER, how list property, . . 152 

RECORDEH. See County Recorder. 
enter town collector's bond, . . 37 

provision for office, . . . 219 

RELATIVES, support paupers, . . 142 

REPRESENTATIVE. See General Assem- 
bly. 
RESIDENCE, a qualification of voters, 124 

what constitutes, . 127, 128, 129 

penalty for voting without, . . 128 

of paupers, mode of ascertaining, 144, 146 
defined, . • . 144,146 

REVENUE. See Assessment; Assessor; 
Board of Supervisors; Collector; 
County Collector ; County Treasur- 
er; Debts; Reassessment; Taxes; 
State Revenue. 
laws relating to, . . . 149-210 

all property taxed, . . . 149 

definitions of terms relating to, . 149, 150 
property exempt from, . . 151, 180 

lists for taxes how made out, . 152 

rules for valuation, . . 154, 180 

deductions in listing, . . 154 

assessing mercantile, manuCicturmg and 

banking property, . . 155 

assessing banking and corporate property, 

158, 181, 
assessors, duties of, . . , 159, 

real property, how listed, . . 163 

collection, ho. V made, . . . 171] 

sales for taxes ; notice, . . 171 1 

ftime, use of surplus, . . . 171 ' 

proceeding? on defaulting collector, 173 

assessment and taxes in township organi- i 
z-ition, . . . 175-179, 183 

tax for paying state debt, . . 181 

delaye.l assessments legalized, . 182 

8t.ate tax to relieve revenue, . 182 

collection under township organization. | 

183-204' 
previous tax detsds valid. 204 

tix deeds invalid where tax paid, 204 

p<'ailty for official neglect of laws on, 167, 

auditor furnish forms and instruction | 
under law, . . . 170 



collectable in what currency, . 183 

bonds under act on, release of, . 197 

suits under, abatement of, . . 198 

same, conduct of, fees of, , 198 

auditor print and distribute act, . 202 

fees under act, . . . 2U2 

penalties for neglect of duty under act, 203 
law for, applies in townships, . 204 

REVISED STATUTE, repeal of part of on 

elections, .... 127 

REWARD for horse thieves, . . 220 

for fugitives from justice, . . 220 

RIVERS may be boundaries of townships, 14 
ROADS. See Bridges ; Causeways ; Com- 
missioners OF Highways ; Driver ; 
Driving ; Overseers of Highways ; 
Plank Roads ; Private Roads ; Rail- 
roads ; Roads and Bridges ; Statjb 
Roads. 
highway commissioners, authority of, ' 64 

same, general provisions as to, . 82-108 

same, describe uudescribed, . . 64 

district commissioners lay out, . 65 

labor on how asse^aed, . • .68 

who liable to labor on, . . 68 

owner of land both sides of, may make 

crossing under, . . .72 
where work on to be done, , 75 
three days notice of work due, . 75 
when work on may be in another district, 75 
commuttition for work on, . 75, 78 
same, how used ; when paid, . 76 
substitute, admissible, . . 76 
same, hours of work ; penalty, . 76 
same, penalty for idleness, . , 76 
fine for not appearing and working on, 76 
complaint and proceedings for not work- 
ing on, . . . .76 
rate of allowance for penalties on same, 78 
excuse by overseer not exempt from, 78 
three-fourths of work to be done by Octo- 
ber, 79 

lajing out, altering, closing, . 82-108 

same, on petition of twelve frcehoiders, 82 
same, substance of petition, . . 82 

same, forms for petitions, . . 82 

same, copy of petition to be posted, . 83 
same, proceedings of commissioners, 84-103 
proceedings to fix damages, . . 86, 7 

form of release of damages, . . 87 

public, to be four rods wide, . 91 

pubhc are pubhc highways, . . 91 

in counties, adopting township organization, 91 
extending into adjoining towns, . 103 

into adjoining counties, . . 103 

on town line, joint proceedings, . 103 

same, labor on apportioned fairly, 104 

same, districts for how set off, • 104 

same, rule for those heretofore laid out, 104 
on state line, rule for laying out, . 104 

opening, provisions as to, . . 104, 5 

same, through improved lands, . 104 

same, notif;/ to remove fences, . 104 

same, form of such notice. . . 104 

same, proceedings if fence not moved, 104 
same, penalty for not removing fence, 104 

ordered opened on append, to be opened 

when, . . 105 

private, commissim >r8 mny lay out, . 105 
same, method of proceedings, . 106 

same, damages how paid, . . 106 

same, right of way in applic^ant, . 106 

sjvme. form of application for. . . 106 

same, form of order laying out, . 106 

same, not over three rods wide, . 107 

obstructing, . . . 107, 8 

same, penalty for, . . . 107 

same, what iiot unlawful, . . lOf 

injuring bridge or causeway on, . lOU 



294 



INDEX. 



108 



ms 



108 
228 

22S 
228 
228 
228 

22y 

229 
22y 
229-231 
22b 
229 
230 
230 
230 
230 
231 
231 
231 
231 
231 
232 
233 
235 
23 



same, penalty, 

injuring guideboard or milestone on, pen- 
alty, . . . . 

plank, gravel, macadamized, or pike, 

same, made on state or county road 

same, over private land, 

same, width of, 

of town, board of supervisors re-survey, 

same, clerk record re-survey, . 

same, copy to be evidence, . 

same, previous proceedings legalized 

law of, ... . 

carriages turn to the right, 

same, penalty for neglect, 

drunken driver, penalties for employing, 

rapid driving on, penalties, . 

leaving horses unhitched, penalty, 

owners liable for damages by driver, 

violation of law of misdemeanor, 

"carriage,"' meaning of, 

hackney coaches not included in law, 

justice's jurisdiction under law, 

what are public highways, 

in Belvidere and i'Jora, highways, . 

in Eloomingdale, doings legaUzed, 

in Iroquois county, doings legiilized, 

in Will county, a survey contirmed, 
ROADS AND BRIDGES, to'kvns to lay tax for, 24 

when special town meeting may raise 
money for, .... 2 

supervisors appropriate funds for, 53 

provisions as to, . . • 63-108 

commissioners of highways, have charge of, 63 

same, have them repaired and built, 6i 

over streams, highway commissioners re- 
pair, .... 

materials may be taken for, 

same, owner's consent necessary, . 

same, appraisal if owner refuses, 

same, award final, 

simie. form of award, 

in Cook county, two thirds of supervisors 
must vote, .... 
BOAD APPEAL, from commissioners' pro- 
ceedings, . . 93-101 

when, to whom, who make, 

to be written and signed ; contents, 

form of, . 

addressed to town clerk, and filed, . 

if no clerk, to supervisor or justice, 

bond filed by appellant, 

same, form of, , 

same, suit on, 

three supervisors to hear ; how chosen, 

same, certificate of appointment, 

same, form of certificate, 

same, notice of appeal, 

game, form of notice of appeal, 

same! proceedings of supervL^ors at he-ar- 



appellant give notice of meeting, . 96 

same, form of notice, 

same, form of affidavit of services of notices, 

mode of making tip decision, 

form of super^-i.sors' order on, . 

on refusal to lay out road, . 

in case of road on town Une, 

same, to both town clerks or officers, 

same, joint proceedings, 

same, duplicate copies, 

same, bond how draiiVn, . 

damages, provisions as to, ■ . 

same, how assessed and paid, . 

same, form of statement of, _ 

same, form of auditor's certificate, 

same, form of aggregate account, . 

same, form of clerk's certificate, 

when fences to be removed on, 

roads ordered on, to bo opened when, 



99 
100 
100 
100 
100 
100 
101,2 
101 
101 
102 
102 
102 
105 
105 



ROAD DISTRICTS, commissioners lay out, 65 
when residents in one work in another, 75 
how set otT, where road on town line, 104 

ROAD TAX, towns may direct, . . 24 

rate of, what to be, . . . 24 

highway commissioners assess, . , 68 

notice to work out, ... 73 

may be paid in money, . . .78 

payment of entered by overseer, . 78 

overseer furnish Mst to supervisor, . 78 
board of supervisors levy and pay over, 79 

SATISFACTION PIECE, collector entitled to, 62 

SCllOOL commissioner receive order for 
school money, . . . 201 

receive money on same, . . 201 

SCHOOL FUND, interest how paid, . 210 

SCHOOLS, propertv used for not taxed, 151 

SECRETARY OF "STATE, report number 
of white children, . . . 210 

SENATE. See General Assembly. 

SHEEP. See Animals. 
towns regulate running at large, . 25 

not run at large in Du Page county, 234 

simic, in Henry, AVill, Livingston, Lake, 234 
may run in Will county, . . 235 

not run in Mason county ; exceptions, 237 
nor in Stark, Putnam and McLean, 238 

SHERIFF to post notices of first town meet- 
ing, . . . . 15 
county treasurer have power of to raise 

taxes, .... 57 

notify judges of election, . . 112 

post notices of elections, . . 113 

election to vacancy in office, . . 118 

distribute blank returns and poll-books, 125 
vacancy in office, how filled, . . 127 

same, previous filling of legalized, . 127 

duty on default by collector, . 173, 174 

same, how collect and make return, 174 

liable if foiling so to collect and return, 174 
tax deeds by legalized, . 204 

to make such deeds, . . 204,207 

certify to value of land sold for state, 208 

fees of, .... 207 

not be county treasurer, , . 209 

SPECIAL CONSTABLES. See Constables. 

SPECIAL TOWN MEETINGS. See ToWX 
Meetings. 

STAGE COMPANY, where stock taxed, 58 

STARK county, sheep and smne not to run 
at large in, ... 233 

STATE. See General Assembly. 
property of not taxed, . . • 151 

pay iisual law fee.?, . . . 198 

pay usual commL'^sions, . . • 193 

rate of taxes, . . 204 

levy in favor on ^(^al estate, . 205 

STATE DEBT, one and half mill tax for, 181, 1S2 
halfmilltaxfor, _ . • * }?? 

pro-visions for paying, . . • 183 

STATE ELECTION, tune of, . 122 

STATE LINE, roads on how laid out, 104 

STATE OFFICES, vacancies in how filled, 124 

STATE REVENUE, county collector pay 

over if delayed, • 62 

STATE ROADS, board of supervisors may 
relocate or vacate, . . 53 

same, mode of proceeding, . . 89 

board of supervisors not alter, . 91 

in town of AVavne, alteration of, . 2o3 

in Kane and DeKalb, highway commia- 

sioners may control, . • 235 

in Peoria county, highway commissioners 
control. . . .238 

STATE'S ATTORNEYS, sue if auditor re- 

quires, • ' ' ' 5X2 

fees of, . . ■ ^"" 

STATE TAX, one and a half mill, . 181 

halfmill, 



182 



INDEX. 



295 



STATE TREASURER, pay over to revenue 
fund, . . . . 183 

pay over to interest fund, . . 183 

duty as to payments by collectors, 202 

STATUTE on elections, repeal of part of, 127 

STOCKS. See Corporations , Stags Com- 
pany; Railroad; Toll-Bridgb. 
investmenfci iu, defined, 
how listed for tax, 
valuation of, . .♦.,.• 
unpaid, no deduction in listing, 

SUITS AT LA\7. See Action. 
town meetings direct as to, 

SUPEllVISOR. -See Assistant SupERVisoa; 
Board of Supervisors. 
dispose of real estate of divided town, 
same, duty of part of town set off, 
form of deed of, of land of divided town, 
apportion property of altered or divided 

town, .... 

form of sucli apportionment, 
three days' notice of apportioning meeting, 
form of notice, 

when elected, .... 
join to call special town meeting, 
notify same if town clerk absent, 
to be elected by ballot, 
formalities as to oath and acceptance, 
approve bond of collector, 
indorse approval and file same, . . 37 

form of approval, ... 37 

approve constable's bond, . . 38 

endorse and file same, . . 38 

fine for refusing to serve, . . 39 

successor to demand books and papers, 39, 40 
same to be delivered to successor, . 40 

public money with, paid to successor, 40 

same, payment and deUvery at death of, 40 
form of oath at delivery and payment, 40 



101 
10] 
101 
102 
108 
108 
109 
109 
147 
172 
173 
173 
174 
2IJ9 



35, 



join in filling vacant town ofSce, . 40 

duties of, .... 42-44 
receive and pay town money, . . 42 

give bond ; what bond, . . 42 

to be sued on forfeiture of same, . 42 

prosecute for penalties under $50, 42 

keep accounts of receipts and payments, 43 
account annually, ... 43 

attend annual meeting of county board, 43 
receive accounts against town, . . 43 

lay before county board copies of money 

entries, .... 44 

fine and forfeiture for neglect of duty, 44 

assistant, powers of, , . .44 

same, in East and West Galena, . 110 

form of bond of, . . . 42 1 

form of clerk's approval of bond . 42' 

form of account book, . . .43 

compensation of, . . . 47 

to be served with process in town suit, 49 

take charge of town suit, . . 49 

hiy election certificate before board, 52 

fees of, .... 55 

attend meeting to review assessment, 60, 161 ^ 
join in reviewing reassessment, . . 61 j 

prescribe and approve bond of treasurer | 

of highway commissioners, . .66' 

receive road tax list and lay before board, 79 
three, entertain road appeal, . .93,95 

same, proceedings, . . . 93-101' 

duty on road appeal, . . 95,96 



same, when term of office ends, . 

same, compensation on, 

same, road not to be changed for a year, 

same, proceedings if excessive damages, 

to be a judge of elections, 

post notice of general elections, 

fix place of holding elections, . 

in wards, in Chicago and Peoria, 

complain if indentured pauper abused, 

receive and hold surplus tax, 

act in fiUing vacant collectorship, . 

extend time for tax collection, . 

sue on bond of defaulting collector, 
I in Cook county, be moderator, 
! SUPREME COURT. See Clerk op Suprems 
18, Court; Judge. 
19 1 when judge elected, . . • 123 

19 SURETY. Deduction for in tax list, 154 
SWINE. See Animals. 

not run at large in DuPage county, . 234 

same, in Henry, Will, Livingston and Lake 
counties, .... 234 

20 towns regulate running at large, . 25 
23 not run in Mason county ; exceptions, . 237 
26| nor in Stark, Putnam and McLean, 238 
26, TAXES. iSee Assessment ; Assessor; Col- 
33 lection; Collector; Revenue; Road 
361 Tax. 

what town meetings may lay, . 24 

delinquent and non-resident, county treas- 
urer collect, . . . .57 
collector's fees, ... 57 
assessment and collection of, . 58, 63 
double, where two claimants, 62 
if injunction, proceedings to collect, . 61 
county supervisors not to levy more than 

five mills, .... 62 

effect of law of 1861 on prior law, . 63 

county judge have jurisdiction in suits for, 109 



same, sue on bond, 

same, meeting on hearing, 

same, notice of meeting how given, 

same, process may issue and witnesses be 

summoned, 
same, contents of decision, 
same, lay out read on reversing refusal to 

do so, .... 

Bame, substitution where unable to attend. 



for poor house, . . . 144 
all property pay, . . . 149, 207 

what exempt from, . . . 151 

on real estate held May 1st, . . 169 
laws on assessing and coUecting, . 149—210 

sale for, when, .... 178 

same, may be held subsequently, . 179 

same, in case of appeal, . . . 180 

same, fees for, how charged, . 180 
on railroads See Railroads. 

one and a half mill, . . , 181 

half mill, • ... 182 

computation of, . , . , 135 

suits for, county courts hear, . 187 

real and personal property Uable for, . 187 

on town or city lots, sale if unpaid, 187 

lots forfeited for, .... 187 

delayed, 50 per cent, added to, . 189 

may be paid in advance, . . 190 

unpaid, conditions of sale for, . 191 

notice by purchaser of same ; form, . 191 

same, false swearing to be perjury, . 192 

same, expenses how paid, . 192 

suits and orders as to sales, when, . 193 

form of order of sale, . . . 195 

lands unsold for, forfeit to state, . 196 

unpaid, sale every five years for, . 198 

land sold for, redeemable when, . 197 

same, redemption how made, . . 197 

erroneous, refunded, . . 197 

county, rate of; when levied, . . 198 

paid more than once, return of, . 199 

some, not refunded, . . . 199 

sale for, how conducted, . . 199 

same, price to be paid at once, . . 199 
same, letters and figures may be used in 

" ■ 200 

. 200 
200 

. 200 



same, purcha.ser's certificate, 
same, certificate assignable, 
same error in name not vitiate, 



296 



INDEX. 



same, clerk's books evidence of, - 200 

same, clerk cancel if eiToneous, 200 

eame, vacated by receipt of redemption 

money, ... 200 

same, second deed due when, . . 200 

rate of, .... 203 

real estate relieved where personal property ,205 
back, on forfeited property, . . 207 

omitted, how assessed, . . 208 

sale for, collector and clerk not to be con- 
cerned in, .... 209 
game, unsold lands how sold, . . 209l 
lands sold by state not forfeited for, 209! 
unpaid on canal lands, proceedings, , 209 
purchaser of laud must pay for advertising, 209! 
auditor's warrants receivable for, . 226 
in Cook county, how reported and recorded, 241 

TAX DEEDS, sherifl's legalized, . . 204 

gheriff to make, . . . 204, 207 

void if taxes were paid, . . . 204 

void if land redeemed, or no notice, 204 

otherwise vahd, unless redemption money 
tendered, .... 204 

collector make, .... 207 

TAX SALE. See under T&.X-ES; COLLECTOR, 

TELEGKAFH COMPANY. See Corporations. 

THIEVES. See Horse Thieves. 

THISTLES. See Caxad.\ Thistle. 

TIE TOTE, decided bv lot, . . 34 



form of notification of, 
form of record of decision of, 
for legislature or county office, 



34 

3o 

. 117 

same, decided by lot, . . 117 

TOLL-BRIDGES, assessment of stock of, 5S 

TOWNS. See under names of toivn Officers; 

also. Bridges ; Elections ; Roads ; 

Voters. 
inhabitants may name, . . .14 

commissioners name if disagreement, 14 

n;ime and bounds of now, recorded, . 16 
duplicated names of, to be changed, 16 

naji^es and boundaries recorded by auditor, 10 
powers, rights and duties of as bodies cor- 
porate, . . , .16 
have no powers but those expressly given 

or necessary, ... 1 

acts or proceedings by or against to be in 

name of, . . . .17 

land for benefit of, may be conveyed to it 

in any manner, ... 17 

alteration of boundaries of, division of, 17 

county supervisors may change bounda- 
ries of, . . . . .17 
county supervisors may divide, alter, and 

make new, ... 17 

new, must have thirty voters, . . 17 

to divide or change bounds, sixty days' notice. 17 
twelve freeholders may call meeting to 

organize, . . . .17 

powers of such meeting, . . 17 

when supervisors appoint officers of, . 18 
annexed to others if officer do not qualify, 18 
.subdivided, distribution of real estjite of, 18 
form of notice of freeholders' meeting to 

organize, . . . .18 

foi-m of agreement to divide estate of, 18 

apportionment of estate of where part set 

off to another, . . .19 

apportionment of personal estate where 

divided or altered, . . .20 

6uper\-isors' meeting as to, three days' 

notice of, . . . .21! 

divided burial ground to belong in part j 

where remaining, . . . 21 ! 

debts of divided, to be apportioned, 21 1 

of over 800, an assistant supervi.sor, . 23j 
lawsuits by, town meetings direct, 24i 

corporate powers of, exercised in town 

meeting. . . . . 24i 



powers of electors of, . .24 25 

supervisor receive and pay money of, ' ^ 

inhabitiiut may testify in suit on supervi- 
sors' bond, . . . .49 
provide book for supervisors' accounts,' 43 
charges and claims against, auditor's audit 46 
form of bill against, and affidavit, . ' 46 
what are charges against, . 47 
charges on levied on taxables, . . 47 
form of auditor's certificate to claim 

against, . • • • 47 

actions by and against, . ' . ' 48-50 
same, conducted hke private actions, 48 

same, to be in name of town, . 49 

same, when process to be served on town, 49 
same, service to be on supervisor, • 49 

same, supervisor take charge of, . 49 

same, when inhabitants may be witnesses 

and jurors, . . . ,49 

same, when may be before justice, . 49 

same, rule of damages in trespass, . 49 
same, as to town lands, partition in, 49 

same, rule of costs as in private suit, 49 

same, judgment a town charge, . 49 

same, form of entitling suit, . 49 

superAdsors audit accounts againft. . 53 
supervisors lay out, and change bonds, 63 
supervisors name ; appoint town meeting, 53 
supervisors change name of, . 53 

new name sent to auditor, . 56 

same, proceedings if like another, . 55 

adjoining, join in expense of bridge, 72 

judgment for expense of same, a charge on, 72 
proceedings as to road running into two, 103 
same, where road on line of two, 103 

expense of such road divided, . 104 

districts for working same how set off, 104 
same, rules as to, where previou.sly made, 104 
under township organization, election pre- 
cincts, .... 108 
who judges of elections in, . . 108 
towns, re-survey of roads of. . . 228 
TOWN ASSESSOR. See Assessor. 

signified bv term "assessor," 175 

TOWN AUDITORS. See Board op Town 

Auditors. 
TOWN CLERK, give notice of annual town 
meeting, ... .22 

when chosen, ... 23 

publish town by-laws. . , 26 

notify special town meeting, . 26 

join to call same, . . .26 

call town meeting to order, , 28 

administer oath to moderator, . , 29 

duties as clerk of town n>eeting, . 29 

make proclamation before town election, 32 
elected by ballot, . . . 33 

conduct lot to decide tie vote, . 34 

form of notification of casting lots, . 34 
give notice to officers elected, . 35 

form of decision of the vote, . . 35 

file list of town officers elected with coun ty 

clerk, .... 35 

formahties as to oath and acceptance, 35, 36 
approve constable's bond, . . 33 

indorse and file same, . . 38 

certify copy of s-mie for evidence, . 38 

fine for refu>iiig to serve, . . 39 

books and papers, successor to demand, 39, 40 
same, deliverable to successor on ojith, 40 

Simie, form of oatli on delivering, 40 

wmie, delivery at death of clerk, . 40 

join in filling vacant town office, . 40 

notify appointees to same, . . 41 

form of such notice, . . .41 

approve and file supervisor's bond, 42 

sue on forfeiture of same, . 42 

join in auditing supervisor's account, 43 

join in entering certificate of same, 43 



INDEX. 



297 



form of such certificate, . . 43j 
ofiSce and duties of, . . 44, 45j 

have custod}^ of records and papers, 44 1 

record proceedings of town meeting, 44 ^ 

furulsli copies of money TOtes, . 44 

form of entry of fiUng paper, . 44' 
form of certiacate of copies of money votes, 44 
return names of justices and constables 

cliosen, • ... 44 

penalty for omitting such return, . 44 

certified copies by to be evidence, . 45 

form of certificate to copies, . 45 

file and reid town accounts, . . 45 

compensation of, . . . 47 

fees for sundry services, rates, . 47 

attend meeting to review assessment, 60, 161 

fee for assessing omitted land, . 60 

join in reviewing reassessment, . 61 

enter road districts in town book, . 65 
prescribe and approve bond of treasurer 

of higbway commissioners, . . 63 

deliver lists for assessing highway labor, 68 

post notice of amount of road tax, . 70 

form of such notice, . . 70 

note time of nUng order as to road, 85 

uote time of fihug road damages, . 87 

file orders as to road, . . 88 

same, not recorded untU. final decision, 89 

duties on road appeal, . . 95, 96, 100 



102 
108 
109 
165 
227 
228 
229 
239 

110 

110 



compensation on same, 
make out statement of road damage, 
same, certify and deUver to supervisor, 
Bamej form of statement and certificate, 
duty on proceedings for excessive road 

damages, . . • . 

when post notice of general elections, 
fix place of holding elections, . 
obtain assessment roll of county clerk, 
register estrays, 

preserve re-survey of town road, 
his certified copy of same, evidence, 
in Cook county, be clerk of election, 
appoint first meeting of commissioners 

of highways, 
notify of such meeting, 
provide lots to draw for their tenna of 

office, . . . .110 

ohoose person to draw for absent commis- 
sioner, .... 110 
TOWX COLLECTO a. See Collector. 
TOWN MEETINGS, form of notice, . 15 
notice of first in new town, ... 16 
first in new town, when to be held, . 16 
twelve freeholders may call to organize town, 17 
same, to have twelve days' notice, . 18 
same, form of notice, .... 18 
same, powers of electors in, . . 18 
provisions as to, . . . 21-35 
to be annual, on 1st Tuesday of April, 21 
voters at general elections may vote at, 
notice of time and place by town clerk, 
form of same, .... 
powers of electors at, ... 
special, what officers may call, 
same, town clerk notify, 

same, place of, 

same, powers of electors at, 

same, purpose must be named in caJl and 

notice, .... 
voters at. privileged from what arrest, . 
mode of conducting, .... 
town clerk call to order, 
chairman and moderator chosen, 
moderator take oath of office, 
t:>wn clerk be clerk of; duties, . 
form of minutes of proceedings, 
if town clerk absent, clerk chosen, , 
duties of moderator, .... 
questions decided by majority, . 



21 

22 
22,23 

24 
. 26 

26 
. 26 

27 

27 

28 



order of business, .... 
reconsideration of motion, . 
mode of preserving order in, . 
qualifications of voter at, 
proceedings on cLi;iUengiug vote at, 
penalty of iliegui voting at, 
open from two co .-ix, 
opening and ciotiug of changed how 
minutes subscribed and filed, 
proclamation before election at, . 
same, form of, .... 

mode of taking vote, . 
poll list to be kept by clerk, . 
ballots to be put in box, 
penalty for exposing ballot at, 
canvass at close of meeting, 
canvass, mode of conducting, 
clerk enter and read result of vote, 
in Cook county, special provisions, 
TO \FN OFi'ICEiiS. Ste under name of each 
officer. 
appointed by supervisors, ... 18 
not qualifjing, town annexed to another, 18 
what ones chosen annually, . . ^,23 
town meetings may choose, . . 24 

modes of electing different, ... 33 
list of filed M'ith county clerk when elected, 35 
qualifications and tenure of, . . 35^ 
must have resided in tovvn a year, 

take oath of oflice, 

neglect to take oath a refusal to serve, 
form of oath of, . . . 
penalty for acting before taking oath, 
length of terms of office, 
transfers of books and papers of sundry, 
to successors. 



33 
34 

34 
239 



35 
35 
35 
39 
39 

),40 
41 
41 

47 
47 
171 
239 



justices may accept resignation of, 
form of resignation of, . 
compensation of, a town charge, 
rate of compensation, 
give duplicate receipts to collector, 
Cook countv, special provision, 

TOWN OFFICES. -See names of such offices. 
vacancies in and mode of filling, . 39-41 
who may appoint to if vacancy, . 40 

board to fill vacancies may complete itself, 41 
fees of board to fill vacant, . . 48 

TOWNSHIP ORGANIZATION. See Towxs. 
general provisions for, ... 13 

counties ma}" vote for at general elections, 13 
puestion submitted no pettion, . 13 

county clerk record and certify vote on, 13 
majority required to adoqt, . . 14 

lorm of petition for, .... 13 

form of commissioners' report on, . 15 

county judge have jurtsdicion of tax suits, 109 



abolishin,g provisions for 
same, election for, .... 
same, effect of election, 
same, choice of county officers, 
laws conflicting with act for repealed, 
same, unrepealed exceptions, 
revenue act specified for, 
sheriff's tax deeds legalized, . 
sheriff to make such deeds, 
TOWNSHIPS. See Towns. 
commissioners to lay off, 
new, mode of fixing boundaries of, 
fractions of new, disposed of, 
creek or river may bound. 



109 
109 
109 

. 109 
110 

. 110 
149-210 

. 204 
204 

. 14 
14 

. 14 
14 



28 TRESPASS, rule of damages in town suits for, 49 
28 i bv animals, 135 

28 TRUSTEE, assessment of property heldas, 58,59 
28, TURNPIKE COMPANY See Corporations. 

29 UNITED STATES, lands of not taxed, . 151 
29'YACANCY See under names of officers; 
80j a!so. State offices ; Towrx offices. 
30: VALUATION. See Assessor ; Assessme:(T ; 
301 Taxes ; IIsvsnce. 



298 



INDEX. 



roles for, 154-180 

VIEVVEKS, on closing or altering state 

road, 89-91 

duties of, 90 

pay of, 91 

VOT-Bliy. See Ballot; Ballot boxes; 
Electors ; Election ; Disfbaschisb- 

MENT. 

exempt from arrest on town election day, 28 
■who may be at town meeting, . . 31 

challenging at same, proceedings, . 31 

qualifications of, 124 

must be residents, .... 124 
oath on challenge or suspicion, . 124, 128 
refusing oath, rejected, . . 124 

•what residence required, . . 127, 128 

non-resident, penalties for voting, . 128 
suspected, produce what proof, . . 128 
name endorsed on ballot, . . 129 

VOTES, contain what, ... 125 

not rejected for want of form, folded to- 
gether, rejected, . . 125, 126 
I)enalty for refusing proper, . 12' 
swearing in fraudulent is peijury, . 129 

VOTING, at town meetingj penalty (rf'tUogal, 32 



at town meeting, modes of, . .33 

tie in decided by lot, . . 34 

illegal, penalties, . . 113^ i29 

fraudulent, penalty for permitting, . 119 

to be but once, .... 125 
twice, or double tickets, fine, . 125 

to be by ballot ; mode of, . 125, 129 

WAKD, guardian list property of, . 162 

WAED SUPERVISOKS, Chicago and Peo- 
ria, . . . . .109 
WARRANT. ;See tmrfer Collector ; Justice. 
WATERWORKS, pubUc, not taxed, . 151 
WAYNE, state road in altered, . 233 
same, mode of proceeding, . . 233 
WEEDS, town may provide for killing, 24 
WEST GALENA, assistant supervisor in, 110 
WILL county, penalty for sheep and swine 
at large in, . ... 234 
sheep may run at large in, . . 236 
road survey in confirmed, . . 237 
WITNESS, inhabitant of town may be in 
to\vn8uit, .... 49 
in contested election, fine of contumacious, 1^ 
where information refused to assessor, 161 
eaxae, penalty of contumucioua. . ISl 



INDEX TO APPENDIX. 



ADJUTANT-GENERAL to report suDjects 
of military duty to the secretary of 
war, U. S., 245 

ARTILLERY companies may be organized 261 

BOARD OF HEALTH, who shall consti- 
tute, 271 

may make rules and regulations, 272 

may shut up infected houses 272 

town clerk to keep records, 272 

compensation of, 272 

compensation and bills to be audited,.... 272 
act to be accepted by supervisors, 272 

BOARD OF REGISTRY, who shall con- 
stitute, 266 

time of meeting, — . 266 

session two days, 266 

may take poll list filed, 267 

when shall complete register, 267 

shall file original list, 267 

may post printed copies of list, 267 

■ proceeding in case of new district, 207 

meeting before election, 268 

proceedings shall be open 268 

duty to erase names, 268 

four copies of lists to be certified, 268 

may appoint a clerk, 270 

compensation of board and clerks, 270 

power to preserve order 270 

BOATS, proceedings in case of estray, 249 

BONDS, issued for war purposes, 257 

amount of, 257 

trust funds may be invested in, 258 

CAVALRY companies may be organized,.. 261 

CENSUS, to be taken every five years,.... 243 
commissioners to take, how appointed,.. 263 

when to be commenced, 243 

what fa&ts to be ascertained, 244 

to be made by actual inquiry, 244 

when returns to be made, 244 

penalty for default of commissioners, 244 

judges to charge grand jury concerning 244 

penalty for refusing information, 246 

compensation of commissioners, 245 

returns made to speaker of the House,.. 245 

COUNTIES, which have adopted township 
organizations, 267 

DRAINAGE, who shall be commissioners,. 272 

applications for drainage, 272 

notice to be given, 272 

commissioners to agree on time of meet- 
ing, 373 

to give notice of meeting, 273 

form of application for drain, 273 

form of notice to owner or agent, 273 

form of notice by commissioners, 273 

determination of the commissioners, 274 

in case of neglect to make drain 274 

expense, how recovered, 274 

when drain is a damage, 274 

water to be conducted off, 275 

decision of commissioners to be noted on 
back of application, 275 



fees of commissioners, 275 

appeal, when and how taken, 275 

form of decision of commissioners, 275 

time for hearing appeal, 276 

proceedings on appeal, 276 

form of appeal, 276 

form of notice of appeal, 276 

form of decision on appeal, 276 

compensation of officers on appeal, 277 

costs on appeal, 277 

when paid by the town, 277 

non-resident lands assessed, 277 

assessment returned to county clerk,... 277 

to whom paid, 277 

one-half assessed on uninclosed lands,„. 277 
McHenry and Kane counties excluded,.. 277 
DOGS, owners liable for damages done,.... 245 
doing damage, any person authorized to 

kill, 245 

ESTRAYS, persons taking up, how to jiro- 

ceed, 248 

description to be entered, 246 

copy of description to be posted, 247 

time of taking up, 247 

charges for taking np, 247 

not to be used before advertising, 237 

unclaimed for one year to belong to the 

taker up, 248 

penalty for disposing of, 248 

when to be sold, 248 

owner may have purchase money within 

two years, 249 

fees and compensation relative to, 250 

HORSES. See Staluons; Makks and 
Brands; Estrats. 
having inft'Ctious diseases not to run at 

large, 252 

IDIOTS AND LUNATICS. See Insane 

Persons. 
INSANE PERSONS, conservators to be 

appointed for property of, 253 

overseers of the poor to have charge of, 253 
property to be returned to when restor- 
ed to reason, 254 

contracts with void, 254 

penalty for trading with, 254 

• proceedings to sell real estate of, 254 

JUDGES to give census act in charge of 

grand juries, 244 

LAND of churches, literary institutions 
and cemeteries when not subject to 

taxation 261 

MARKS AND BRANDS for beasts, per- 
sons may have and record, 255 

; county clerks to record, 255 

' to be prima facie evidence, 256 

MILITARY AFFAIRS, commissioners to 

audit accounts relative to, 256 

■ duties of commissioners of, 256 

1 vacancies in board of commissioners, 

] how filed, 257 

I limitation of claims regarding,. 257 



300 



INDEX TO APPENDIX. 



appropriations by towns and cities for,.. 259 

MILITIA, who compose, 259 

list to be made by assessors, 259 

lists to be filed with adjutant-general,.-. 259 

divided into voluntary and reserve,, 260 

oflBcers how elected, 260 

length of service of, 260 

pay of assessors for enrolling, 260 

companv rolls how made and filed, 261 

OTERSEKKS OF THE POOR to have 
charge of insane persons, 258 

POLL LISTS, may be taken by judges or 

inspectors, 267 

rule in making, 267 

original when and whore filed, 267 

copies posted, 267 

may be published in newspaper 267 

in case a new district, 267 

time of revising and correcting, 268 

non-residents' names to be ermed, 266 

four copies shall be certified, 268 

etatemeut or minute by the clerk, 269 

after canvass shall be filed 270 

REGISTER OF ELECTIONS, what shall 

constitute, 266 

what it shall contain, 266 

what name shall be entered, 267 

when to be completed, 267 

when and where filed, 267 

copies to be posted, 267 

in case of new districts 267 

shall be open to public inspection, 270 

REGISTRY LAW, board of registry, who 

constitute, 266 

time of meeting, -. 266 

register of electors, what to contain, 266 

register when to be completed, 267 

original list to be filed with town clerk, 267 

when filed with city clerk, 267 

copy of list to be posted 267 

penalty for tearing down list, 267 

printed copies may be posted, 267 

new district, registry when made, 267 

meeting of board before election, 268 

proceedings of board shall be open, 268 

names of non-residents to be erased, 268 

name of elector may be entered, 268 

penalty for refusing information, 268 

challenge of voter — oath, 

four copies of lists to be certified,.. 



duty of judges receiving lists, 269 

no vote received not registered 269 

except at town meeting 269 

proof when voter is not registered, 269 

duty of clerk of election, 269 

street and number of .elector to be 

given. .' 26? 

false statement, punishment for, 26?^ 

after canvass poll lists to be filed, 270 

board may appoint clerks, 270 

register open to public inspection, 270 

compensation of board and clerks, 270 

board may preserve order, 270 

punishment for false registry, 271 

violation of law punished, 27* 

former acts amended, 27 

no recess at election, 27 

compensation of judges and inspectors,.. 27 
(secretary of state to publish law and 

forms, 27' 

other acts not affected, 27 

SECRETARY OF STATE to make return 
of census, 24t 

SHEEP. See Marks and Brands. 
damage done to by dogs, how recovered, 24« 

male not to run at large, 2&t 

running at large to be taken up, 26m 

STALLIONS running at large may be 

taken up, 251 

penalty for wilfully suffering to run at 

large, 252 

not to be let to mares In public, 252 

TAXES, land of literary institutions, &c., 
when exempt from, 261 

TOWNS may appropriate money to aid 

volunteers, 258 

may lay tax for such purpose, 258 

shall appoint disbursing agent, 259 

YOLUNTEERS, towns may appropriate 
money for, 258 

WEIGHTS AND MEASURES standard of, 268 
standard to be secured by state sealer,.. 263 
county sealers to compare with state 

scaler, 264 

fees for sealing and marking, 264 

penalty for not conforming to the stand- 
ard, 264 

who shall be state and county sealers of, 264 

weight of grain to the bushel, 263-265 

weight of coal to the bushel, 264 



k 



fe 



